Court No. - 49
Case :- APPLICATION U/S 482 No. - 5805 of 2021 Applicant :- Shailesh Kumar And 2 Others Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Shailendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri S.K. Pandey, learned counsel for the applicants.
2. Learned counsel for the applicants submits that proceedings under Section 145 Cr.P.C. are pending before the learned Sub- Divisional Magistrate (Judicial), Salempur, District-Deoria in Case No.T20180520020, 5980/2018 (Shailesh Kumar and others Vs. Raj Nath and others) and learned SDM, (judicial), Deoria has not decided the case over a period of three years, he prays for a direction to learned SDM, (Judicial), Deoria to decide the case on its own merits.
3. This prayer is not opposed by Sri Janardan Prakash, learned AGA for the State.
4. In view of such facts, this Application can be disposed of with a direction to learned Sub-Divisional Magistrate (Judicial), Salempur, District-Deoria to decide the pending application/case of the applicants on its own merits, referred to above, if possible, within a period of three months from the date of receipt of computer downloaded copy in PDF form of this order strictly in accordance with law, provided none of the parties shall seek adjournment before the concerned Authority on any date, and if any adjournment is sought, competent authority will be free to impose heavy cost on the parties seeking adjournment.
5. In above terms, the Application is disposed off.
Order Date :- 29.7.2021 Ashutosh