Citation : 2025 Latest Caselaw 1239 ALL
Judgement Date : 2 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:34207 Court No. - 11 Case :- APPLICATION U/S 483 No. - 422 of 2025 Applicant :- Shahzad Uddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arshad Jameel,Kahkashan Zaidi,Mohammad Naseem,Mohd. Talha Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J.
Heard.
This application has been filed for expediting and deciding the Case No. 5623 of 2013, State vs. Shahza Uddin and others arising out of Case Crime No. 211 of 2013 under Section 447/504/506 I.P.C., Police Station Chowk, District Lucknow annexing the order sheet only upto 22.12.2023, which is nothing but misuse of the process of this Court because in absence of upto date order sheet of the trial court, it cannot be ascertained as to what is going on in trial and who is responsible for delay so no direction can be issued by this court. Even otherwise a direction cannot be issued by this Court in view of the judgment of the Hon'ble Supreme Court and the parties can move the concerned court showing the genuine grounds, which may be considered by the concerned court in accordance with law. Thus, this petition is misconceived and liable to be dismissed with cost.
At this stage, learned counsel for the applicant submits that the petition may be dismissed as not pressed with liberty to move the concerned court. He further submits that in future he will not file such petition without upto date order sheet and the cost may not be imposed. To which there is no objection by the other side.
In view of above, the petition is dismissed as not pressed with liberty as prayed for subject to statement of learned counsel for the applicant.
Order Date :- 2.6.2025/Raj
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