1. Heard Sri Rayees Ahmad Khan, learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. .
2. In view of the order proposed to be passed, requirement of issuance of notice to opposite party no. 2, is hereby dispensed with.
3. Instant petition has been filed by the applicant praying for direction to the Chief Judicial Magistrate, Balrampur to decide Case No. M-138 of 2020 0 Hari Om and Others Vs. Ram Dulari and Others, under Section 156(3) Cr.P.C., Police Station - Tulsipur, District - Balrampur, expeditiously.
4. Learned counsel for the applicant submits that the case in question is pending in the Court of the Chief Judicial Magistrate, Balrampur and on the said application report from the concerned Police Station has been received, stating that no first information report in relation to the stated facts has been lodged in the concerned Police Station. He further submits that despite expiry of more than one year no proceedings have been undertaken by the Court below. In support of his contention counsel for the applicant has annexed a copy of order sheet which indicates that the case has been listed regularly, but no substanatial work has been done in the matter sofar.
5. Counsel for the applicant further submits that there is urgency in the matter inasmuch as the applicant is a person of low intelligence and his property is sought to be taken away by certain individuals in the most illegal and arbitrary manner. He prays that grievance of the applicant would be sufficiently met in case the Chief Judicial Magistrate, Balrampur, decides the aforesaid case in the time bound manner.
6. Learned Standing Counsel has no objection to the aforesaid prayer.
7. Considering the facts and circumstances of the case, without entering into the merits, the Chief Judicial Magistrate, Balrampur is directed to decide Case No. M-138 of 2020 - Hari Om and Others Vs. Ram Dulari and Others, under Section 156(3) Cr.P.C., Police Station - Tulsipur, District - Balrampur, expeditiously, if possible, within a period of three months from the date of production of certified copy of this order, in accordance with law, if there is no legal impediment.
8. It is further directed that the parties to the case shall cooperate in expeditious disposal of the case and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances.
9. With above observations/directions, the writ petition stands disposed of.
Order Date :- 8.1.2021 A. Verma (Alok Mathur, J.)