Court No. - 53
Case :- APPLICATION U/S 482 No. - 29194 of 2018 Applicant :- Ram Surat And 2 Others Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and learned AGA appearing for the State.
This is an application under Section 482 Cr.P.C. seeking a direction to the Sub- Divisional Magistrate, Tehsil Soraon, District Allahabad to decide the Case no.40 of 2016, Ram Ashray and others vs. Ram Surat and others, under Section 145 Cr.P.C., Police Station Soraon, District Allahabad.
Proceedings under Section 145 Cr.P.C. are pending vide Case no.40 of 2016, Ram Ashray and others vs. Ram Surat and others, under Section 145 Cr.P.C., Police Station Soraon, District Allahabad since 2016. It is submitted that there is no progress in the said proceedings which is by now a period of two years.
Learned A.G.A. has opposed the motion to expedite proceedings saying that a civil suit is pending.
The fact that civil suit is pending is no ground to refuse a direction to expedite proceedings or for the Magistrate not to dispose of proceedings pending before him. It is another matter that the proceedings in case the requisite facts are established may be dropped but the case has to be decided by the Magistrate expeditiously. Proceedings under Section 145 Cr.P.C. are in their nature designed to attend to emergencies where there is an apprehension of breach of peace concerning dispute relating to property. To keep such proceedings pending for a period as long as two years by an executive Magistrate is certainly a breach of his statutory duty under Section 145 Cr.P.C.
Accordingly, the Sub-Divisional Magistrate, Tehsil Soraon, District Allahabad is directed to proceed with Case no.40 of 2016, Ram Ashray and others vs. Ram Surat and others, under Section 145 Cr.P.C., Police Station Soraon, District Allahabad and conclude the same within a period of two months, from the date of production of certified copy of this order before him, if there be no legal impediment.
This application is disposed of with the aforesaid orders.
Order Date :- 23.8.2018 Anoop