Shairul Nisha vs State Of U.P. Thru. Addl. Chief Secy. ...
2023 Latest Caselaw 33880 ALL

Allahabad High Court

Shairul Nisha vs State Of U.P. Thru. Addl. Chief Secy. ... on 5 December, 2023

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:79565
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 11821 of 2023
 

 
Applicant :- Shairul Nisha
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 4 Others
 
Counsel for Applicant :- Ram Raj Ojha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

Heard.

Present application has been filed for the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Additional District Judge/F.T.C.-II, Sultanpur to expeditiously decide the application under Section 319 Cr. P.C. bearing Paper No.26-Kha dated 6.10.2023 filed in Sessions Trial No.844 of 2022 (State Versus Shafiq & Others) arising out of Case Crime No.295/2020 under Sections 323, 324, 452, 308 IPC, Police Station Sangrampur, District Amethi, pending in the Court of Additional District Judge/F.T.C.-II, Sultanpur, within time stipulated by this Hon'ble Court."

Learned counsel for the applicant after placing reliance on the judgment passed by Hon'ble Apex Court in the case of Guriya Alias Tabassum Tauquir And Others vs. State of Bihar And Another; (2007) 8 SCC 224; Sarojben Ashwinkumar Shah And Others vs. State of Gujarat And Another; (2011) 13 SCC 316 as also the judgment passed by the High Court of Kerala in the case of Vasudevan Nair vs. State of Kerala, 2004 LawSuit(Ker) 496, says that justice would suffice if a direction is issued to trial Court i.e. Additional District Judge/F.T.C.-II, Sultanpur, to decide the application preferred under Section 319 of Cr.P.C, under consideration, within time specified.

To the aforesaid, no objection has been raised by the side opposite.

Considering the aforesaid facts of the case, present application is disposed of with a direction to trial Court i.e. Additional District Judge/F.T.C.-II, Sultanpur to decide the pending application under Section 319 Cr.P.C. (Paper No. 26-Kha), dated 06.10.2023 filed in Sessions Trial No.844 of 2022 (State vs. Shafiq & Others) arising out of Case Crime No.295/2020 under Sections 323, 324, 452, 308 IPC, Police Station-Sangrampur, District-Amethi, in accordance with law, expeditiously, say within a period of three months from next date fixed in the case.

It is made clear that this Court has not considered the merits/ demerits of the case including the issue of maintainability of the application and accordingly, the trial court is expected to decide the application, in issue, after applying its own mind by a reasoned and speaking order.

With the aforesaid, application is disposed of finally.

Order Date :- 5.12.2023

Vinay/-