This application has been filed, seeking to expedite proceedings of an application under Section 156(3) Cr.P.C., numbered as Criminal Misc. Case No. 216/12 of 2020, pending before the Court of Chief Judicial Magistrate, Basti.
The grievance of the applicant is that his application under Section 156(3) Cr.P.C. is lingering on. It was instituted on 16.03.2020.
The Court has perused the order-sheet from 16.03.2020 to 12.02.2021. It shows that 23 dates have been fixed during this period of time, but no order of moment has been passed. Rather, it shows that arguments have been heard at length, on last of the four dates. Applications under Section 156(3) Cr.P.C. are summary matters, and hardly decide much rights of parties, except the entitlement of the complainant to have the case reported by him registered and investigated by the police. These applications are to be swiftly dealt with.
Looking to the nature of the order that this Court proposes to pass, no notice is being issued to opposite party no. 2. However, in case the said opposite party feels aggrieved, it will be open to him to make an application in this decided application.
In the circumstances, the Chief Judicial Magistrate, Basti, before whom Criminal Misc. Case No. 216/12 of 2020, under Section 15(3) Cr.P.C., Police Station - Chhavani, District - Basti, is pending, is directed to dispose of the said application within a period of fifteen days of receipt of a copy of this order, in accordance with law, after hearing all parties concerned.
This application stands disposed of in terms of the orders aforesaid.
It is, however, clarified that anything said in this order should not be construed as an expression of opinion on the merits of the case, either way.
Let this order be communicated to the Chief Judicial Magistrate, Basti, by the Joint Registrar (Compliance), within 48 hours.
Order Date :- 8.2.2021 I. Batabyal