Court No. - 24 Case :- MISC. SINGLE No. - 3796 of 2010 Petitioner :- Smt. Geeta Devi W/O Girja Shanker Gupta ( U/A 227 ) Respondent :- Judicial Magistrate, Bahraich & Anr. Petitioner Counsel :- Shweta Gupta Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Heard Sri Shweta Gupta, learned Counsel for the petitioner and learned
Standing Counsel for opposite party No.1.
Grievance of the petitioner is that the petitioner has filed an application
under Section 128 Cr.P.C. No. 21/xi/2009 in the year 2009 but till date,
the said application has not been decided as yet and as such, he
preferred the instant writ petition with a prayer to issue a direction to the
opposite party No.1 to decide application under Section 128 Cr.P.C. No.
21/xi/2009.
Learned Standing Counsel has no objection in case a direction be
issued to the opposite party No.1 to decide the application under
Section 128 Cr.P.C. No. 21/xi/2009, expeditiously.
Since the relief claimed by the petitioner is innocuous in nature, as such,
issuance of notice to opposite party No.2 is dispensed with.
In view of the above, without entering into the merits of the case, the writ
petition is disposed of finally with a direction to the opposite party No.1
to decide the application under Section 128 Cr.P.C. No. 21/xi/2009 in
accordance with law, expeditiously, say, within a period of four months
from the date of receipt a certified copy of this order.
Order Date :- 5.7.2010
Ajit/-