Mohd. Iliyas (Complaint Case) vs The State Of U.P And Ors.
2013 Latest Caselaw 442 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 
Case :- U/S 482/378/407 No. - 1534 of 2013
 
Petitioner :- Mohd. Iliyas (Complaint Case)
 
Respondent :- The State Of U.P And Ors.
 
Petitioner Counsel :- Baleet Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

It has been asserted that the complaint case filed by the petitioner is being delayed without any valid reason.  Statement under Section 202 of the Criminal Procedure Code was recorded on 08.3.2011, thereafter the case has continuously been adjourned and no further proceedings have taken place.  The dates on which case has been adjourned, have been given in para 7 of the affidavit, that has been filed in support of the petition.  By way of this petition it has been prayed that the proceedings be expedited. 

Ordersheets have been placed on record as Annexure-2.  It is depicted therefrom that some of the orders have not been initialed or signed by the Chief Judicial Magistrate.

After perusal of the file, the District and Sessions Judge, Bahraich, is directed to send his comments as regards the factual position, whether all the orders have been initialed/signed or not.

The Chief Judicial Magistrate who is dealing with Complaint Case No.321 of 2011 under Sections 384/342/323/504/506 I.P.C., P.S. Kotwali Dehat, Bahraich, is also directed to send his comments as to under what circumstances after taking evidence under Section 202 Cr.P.C. two years back, no effective progress has been made in the complaint case.

Let the comments be called for through Registrar of this Court.

Let the comments be sent within two weeks from today.

List after two weeks.

Ashish Raman Mishra has put in appearance for respondent no.3.

Let his name be shown as counsel for the opposite party.

Order Date :- 5.4.2013/A.Nigam