Court No. - 72
Case :- APPLICATION U/S 482 No. - 17351 of 2019 Applicant :- Ram Kumar Opposite Party :- State Of Up And 02 Others Counsel for Applicant :- Anil Kumar Savita Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Learned counsel for the applicant submits that the applicant seeks expeditious disposal of the application. However, it is on record that the applicant had earlier filed application u/s 482 Cr.P.C. No. 25354 of 2018 which was disposed with the following order:
"Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC with a prayer to direct the Sub-Divisional Magistrate to decide the claim of the applicant regarding Case No.06 of 2004-Ram Siya Vs. Ram Kumar, under Section 145(1) CrPC and Case No.08 of 2006-Ram Siya Vs. Ram Kumar, under section 145 CrPC, PS Rura, District Kanpur Dehat within a specified period of time.
Proceedings under Section 145 CrPC in the very nature of them are proceedings that are designed to cater to emergency. This application asks to dispose of those proceedings in the manner in which the power is conceived, that is to say, on an urgent basis and not in a manner as if they were suits.
Looking to the facts and circumstances the Magistrate concerned shall endeavour to dispose of the proceedings expeditiously without granting any adjournment to either of the parties preferably within a period of six months next from the date of receipt of a certified copy of this order, unless there be any legal impediment.
With the above orders, this application is disposed of."
3. In view of the direction having already been issued, the present application is misconceived.
4. The present application is accordingly dismissed, leaving it open to the applicant to pursue such legal remedies, as may be available.
Order Date :- 30.4.2019 Prakhar