LAWS(ALL)-2019-9-304

MOHD. SHAMI Vs. STATE OF U.P.

Decided On September 02, 2019
Mohd. Shami Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned AGA and perused the record.

(2.) This petition has been filed with the prayer to issue direction to the Sub Divisional Magistrate, Kaiserganj, Bahraich to decide the pending Case No. 10 of 2016 Mohd. Shami v. Keshav Ram and others, under Section 133 Cr.P.C., expeditiously within stipulated time.

(3.) Learned counsel for the petitioner has submitted that the proceedings under Section 133 Cr.P.C. are pending since 2016, which have not yet been decided. It has further been submitted that despite order passed by the court to file written submission, the private opposite parties, who are in illegal possession over the public path, are not filing the written submission though the court has closed the opportunity of the same. It has also been submitted that ends of justice would be met if necessary direction is issued to the Sub Divisional Magistrate, Kaiserganj, Bahraich to consider and decide the aforesaid case, in accordance with law, within stipulated time, to which, learned AGA has no objection.