Allahabad High Court
Smt Sudha Jaiswal vs Shanker Suan on 3 January, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- MATTERS UNDER ARTICLE 227 No. - 10132 of 2022 Petitioner :- Smt Sudha Jaiswal Respondent :- Shanker Suan Counsel for Petitioner :- Sanjay Maurya Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
By means of the present petition under Article 227, the petitioner has sought for a suitable direction to the learned Court below to consider and decide the application of petitioner dated 20.10.2016, filed under Section 340 CrPC read with Section 192 IPC registered as Case No.42 of 2016 (Smt Sudha Jaiswal vs. Shri Shankar Suan), pending in the Court of Additional Civil Judge (S.D.) Room No.13/ Additional Chief Judicial Magistrate, Allahabad, expeditiously, within a specific time frame.
It was submitted by learned counsel for the petitioner that the petitioner has filed an application under Section 340 CrPC read with Section 192 IPC in the year 2016 in suit no. 765 of 2001, which was registered as case no.42 of 2016, but the same has not been decided so far. It is further pointed out that earlier by order dated 06.05.2019, passed by co-ordinate Bench of this Court in matters under Article 227 No.2647 of 2019, the court below was directed to look into the matter and pass appropriate order on the application filed by the petitioner under Section 340 CrPC read with Section 192 IPC in Case No.42 of 2016 but despite that direction of this Court, the court below has not decided the said application so far.
In view of aforesaid, the Additional Civil Judge (S.D.), Room No.13/ Additional Chief Judicial Magistrate, Allahabad is directed to consider and decide the above stated case expeditiously, preferably within a period of six months from the date of filing/receipt of certified copy of this order before the Court concerned, provided there is no legal impediment.
The instant petition is disposed of accordingly.
Order Date :- 3.1.2023 Neeraj