Notice on behalf of opposite parties no. 1 & 2 has been accepted by learned Government Advocate.
In view of the order, proposed by this Court, there is no need to issue notice to the opposite party no. 3.
Heard learned counsel for the parties and perused the record. By means of the present writ petition, the petitioner has sought a writ in the nature of mandamus commanding the opposite party no. 1 to decide Misc. Case No. 669 of 2008, Smt. Nisha Tripathi vs. Anant Ram Pandey.
Submission of learned counsel for the petitioner is that the petitioner has filed an application under section 156 (3) Cr.P.C. on 20.7.2008 before the Chief Judicial Magistrate, Faizabad for lodging of First Information Report against the respondent no. 3 and to make investigation in the matter which was rejected vide order dated 15.9.2008. The petitioner preferred revision against the said order dated 15.9.2008 under section 397 (1) Cr.P.C. which was allowed on 15.11.2008 with a direction to the opposite party no. 1 that petitioner's application under section 156 (3) Cr.P.C. be treated as a complaint and be proceeded with the matter.
Further submission of learned counsel for the petitioner is that statement of the petitioner under section 200 Cr.P.C. has been recorded on 04.02.2009. The statements of witnesses Savita Singh and Awadhesh Kumar Tripathi have also been recorded. Now, the opposite party no. 3 is creating hinderence in further proceedings of the matter.
The prayer of the petitioner's counsel is that necessary directions be issued to the opposite party no. 1 to decide Misc. Case No. 669/2008, Smt. Nisha Tripathi vs. Anant Ram Pandey at an early date.
Learned Government Advocate has no objection to this prayer of the petitioner.
In view of the above, without entering into merits of the case, the Chief Judicial Magistrate, Faizabad is directed to expedite hearing of Crl. Misc. Case No. 669/2008, Smt. Nisha Tripathi vs. Anant Ram Pandey and will ensure that no unnecessary adjournments is taken by the parties' counsel.
With the aforesaid observations, this writ petition is disposed of finally.
08.01.2010/ashok