Awadhesh Kumar vs Kavita Sharma And 13 Others
2022 Latest Caselaw 18772 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 
Case :- MATTERS UNDER ARTICLE 227 No. - 8971 of 2022
 
Petitioner :- Awadhesh Kumar
 
Respondent :- Kavita Sharma And 13 Others
 
Counsel for Petitioner :- Sanjay Kumar Pandey
 

 
Hon'ble Karunesh Singh Pawar,J.

(I.A. No. 2 of 2022)

Heard learned counsel for the petitioner and learned A.G.A. for the State on the impleadment application.

On due consideration to the argument advanced as well as perusal of the record, so also the affidavit filed in support of the impleadment application, the petitioner is permitted to implead the State as respondent during course of the day.

(Order on petition)

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Through this petition, the petitioner has prayed for the following relief:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

i) direct the Court below to decide the Case No. 4105 of 2019 (State Vs. Kavita Sharma and others) arising out of Case Crime No. 414 of 2018 Under Sections 420, 467, 468, 469, 471, 447, 120B I.P.C., Police Station- Majhola, District- Moradabad within stipulated period which is pending before the Court Chief Judicial Magistrate, District- Moradabad."

Learned counsel for the petitioner counsel could not apprise as to whether charges in this case have been framed or not and he is also not prepared with the case.

Learned A.G.A. has opposed the petition submitted that no plausible reasons have been pointed out on behalf of the petitioner so as to direct the trial court to expedite the trial pertaining to 2019. He has placed reliance on the judgment of Apex Court passed in SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 30839/2021 M. GOPALAKRISHNAN & ORS. VERSUS PASUMPON MUTHURAMALINGAM & ANR.

On due consideration to the argument advanced as well as perusal of the record, so also the fact that no cogent reasons have been pointed by the learned counsel for the petitioner to expedite the matter, due to covid-19 pandemic, the work of the trial court remained adversely affected for more than one year and also considering the judgment of the Apex Court passed in the case of M. GOPALAKRISHNAN (Supra), I am of the opinion that the petition is liable to be dismissed and is accordingly dismissed.

Order Date :- 24.11.2022

RC