Court No. - 2
Case :- APPLICATION U/S 482 No. - 22508 of 2019 Applicant :- Smt. Karuna Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Meraj Ahmad Khan, learned counsel for the applicant and Sri Vimal Kumar Pandey, learned A.G.A. for the State.
The present application has been filed with a prayer to direct the opposite party no. 3 to comply the order dated 3.3.2015 passed by City Magistrate, Moradabad in Complaint Case No. 25/43/96/2011, Computer Case No. D20141354003944, under Section 133 Cr.P.C., P.S. Civil Line, District Moradabad.
It has been argued by the learned counsel for the applicant that the order dated 3.3.2015 was passed under Section 133(1) Cr.P.C. by City Magistrate, Moradabad for removing the construction in question within one month, against which a revision was preferred and the revisional court vide order dated 5.6.2017 had confirmed the order of the lower court. Both the copies of order i.e. order dated 3.3.2015 and 5.6.2017 are at page 20 and 48 respectively of the paper book. It is further argued that after the said orders, the applicant had moved an application before the City Magistrate, Moradabad on 23.8.2017 which is at page 49 of the paper book requesting therein that compliance of the aforementioned order be made but no compliance of the same has been done, hence it is prayed that the City Magistrate may be instructed to dispose of the said application dated 23.8.2017.
Learned A.G.A. opposed the prayer of the same.
Having perused the said orders and having heard the arguments, I am of the view that City Magistrate ought to have dispose of the said application, hence it is directed that City Magistrate shall disposed of the said application within one month from today.
Accordingly, the present application u/s 482 Cr.P.C. is disposed of.
Order Date :- 10.6.2019/A.P. Pandey