Shyam Babu Mishra vs State Of U.P. And 4 Others
2022 Latest Caselaw 5110 ALL

Citation : 2022 Latest Caselaw 5110 ALL
Judgement Date : 9 June, 2022

Allahabad High Court

Shyam Babu Mishra vs State Of U.P. And 4 Others on 9 June, 2022

Bench: Syed Aftab Rizvi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 14316 of 2022
 

 
Applicant :- Shyam Babu Mishra
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Applicant :- Lalit Kumar Tripathi,Utkarsha Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application U/s 482 Cr.P.C. is filed to direct the court below to implement the judgment and order dated 28.5.2019 passed by this Court in Criminal Misc. Application U/s 482 Cr.P.C. No. 21080 of 2019 (Shyam Babu Mishra Vs. State fo U.P. and others) in its tone, tenor and spirit and to consider and decide the trial S.T. No. 167 of 2007, Case Crime No. 326 of 2006, under section 147, 148, 149, 504, 302 IPC, P.S. Banda, District Shahjahanpur as expeditiously as possible preferably within a short stipulated time.

Learned counsel for the applicant submitted that applicant has earlier filed an application U/s 482 Cr.P.C. No. 21080 of 2019 in which this Court was pleased to direct the court below to decide the case expeditiously if possible preferably within a period of one year from the date of the production of the certified copy of this order. Learned counsel submitted that case is still pending. Hence, a direction be issued to the court below for compliance of the aforesaid order.

Learned A.G.A. submitted that second application regarding the same prayer is not maintainable.

The direction has already been given by this Court vide order dated 28.5.2019 for expeditious disposal of the case. The said order has been in the knowledge of the trial court. The trial court is expected to honour the aforesaid order and take necessary steps for expeditious disposal of the case as directed earlier. No fresh direction is required. However, if applicant feels that trial court is deliberately not honouring the order of this Court it has remedy to go for contempt proceeding.

With the aforesaid observation, the application U/s 482 Cr.P.C. stands disposed off.

Order Date :- 9.6.2022

Masarrat