Allahabad High Court High Court

Bobby @ Ajeet Kumar Shrivastava vs State Of U.P. & Another on 26 July, 2010

Allahabad High Court
Bobby @ Ajeet Kumar Shrivastava vs State Of U.P. & Another on 26 July, 2010
Court No. - 5

Case :- U/S 482/378/407 No. - 2978 of 2010

Petitioner :- Bobby @ Ajeet Kumar Shrivastava
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Ravi Kishore Joshi
Respondent Counsel :- Govt. Advocate

Hon'ble Vedpal,J.

By means of this petition under Section 483 Cr.P.C. the petitioner prays that
Chief Judicial Magistrate, Sultanpur, Court No. 16 be directed to dispose of
the petitioner’s application dated 27.6.2003, which has been moved for
closing the prosecution evidence and the application dated 26.9.2007, moved
for disposal of Criminal Case No. 2597 of 1992 State Vs. Sunil Kumar and
others.

Notice on behalf of opposite party no. 1 has been accepted by learned AGA.

Heard learned counsel for the applicant as well as learned AGA and perused
the material placed on record.

Notice against opposite party no. 2 is dispensed with.

From a perusal of the record, it appears that in the aforesaid case the
prosecution has examined only P.W.1 and he also did not support the
prosecution case. Grievance of the petitioner is that he moved applications for
closing the prosecution evidence and also for disposal of the aforesaid
case which pertains to the year 1992.

It is further contended by learned counsel for the petitioner that more than
twenty four dates have been fixed in this case but neither the aforesaid
applications moved by the petitioner nor the case have been disposed of.

Learned AGA also concedes that the case pertains to the year 1992 and it is
old one.

No doubt, it is settled law that every person has got a right for speedy
disposal of his case.

In the aforesaid circumstances, it is directed that Chief Judicial Magistrate,
Sultanpur, will dispose of aforesaid case as well as applications
expeditiously, keeping in view the provisions of Section 309 Cr.P.C

With the aforesaid observations, the petition is disposed of finally.

Order Date :- 26.7.2010
Tripathi