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2021 Supreme(All) 962

Sharvan Kumar Kaushal – Appellant
Versus
Sub Divisional Magistrate, Tehsil Utraula, Balrampur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohd. Waris Farooqui

JUDGMENT :

1. The case is called out.

2. Learned counsel for the petitioner Mohd. Waris Farooqui, Advocate and learned A.G.A. for the State Sri Balkeshwar Srivastav, Advocate are present in the Court.

3. The present writ petition is filed for seeking following relief:-

    "Issue a writ, order or direction in the nature of mandamus commanding the Sub Divisional Magistrate (opposite party no.1) to decide the application moved by the private respondents under Section 145 (1) Cr.P.C. (Case No.1916 of 2021, Narsingh Narayan Mishra and another Vs. Shrawan Kumar Kaushal) within a time specified by this Hon'ble Court in the light of the report submitted by the police concerned and tehsil authorities (Annexure No.3 and 4 to the writ petition).

4. The Said relief is sought in the circumstance as stated in the pleading itself by the petitioner, as the Opposite Party No.1-Sub Divisional Magistrate, Tehsil Utraula, District Balrampur is not taking any decision upon the application moved by the private respondent (opposite party nos.2 & 3) namely Narsingh Narayan Mishra and Upendra Narayan Mishra under Section 145 Cr.P.C.

5. The petitioner has not stated the detailed description of the property under di

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