Court No. - 85
Case :- CRIMINAL MISC. WRIT PETITION No. - 7582 of 2021 Petitioner :- Krishna Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Mani Upadhyay,Sharad Sharma Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material on record.
The present petition has been filed for quashing the order dated 05.12.2018 passed by Sub-Divisional-Magistrate, Harraiya, District Basti-respondent no.2 under Section 145 (1) Cr.P.C. and also for issuance of writ of mandamus directing the respondent to conclude the further proceedings within stipulated time as deem fit by this Court.
Learned counsel for the petitioner has submitted that the respondent no.2 passed an order dated 05.12.2018 under Section 145 (1) Cr.P.C. and more than two years and 8 months have lapsed but he has not proceeded further with the matter. Learned counsel for the petitioner has limited his prayer to the extent that a suitable direction may be issued to the learned Magistrate to proceed and conclude the further proceedings thereof.
Prayer sought by learned counsel for the petitioner is accepted.
The instant petition is disposed of with the direction to the concerned Magistrate to pass order, so as to bring the proceedings to its logical conclusion, as expeditiously as possible, in accordance with law, preferably within a period of one month from the date of production of a certified copy of the order before it, provided there is no legal impediment.
Order Date :- 29.10.2021 S.Ali