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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Nalin Kumar Srivastava,J.
Sudha Shukla – Appellant
Versus
State Of U.P. – Respondent
Hon'ble Nalin Kumar Srivastava, J.
1. The present application has been moved under Section 529 BNSS seeking direction to the court of Additional S.D.M., Deoria to decide the Case No. 36 of 20008/2009, under Section 145 Cr.P.C., Police Station- Gauri Bazar, District- Deoria pending in the said Court expeditiously within stipulated period of time.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. The factual matrix of the present matter is that a property dispute arose between the applicant and O.P. No. 2 & 3 wherein notice under Section 145(1) was ordered to be issued by the court of SDM, Deoria vide order dated 01/12/2005. The matter was contended by both the sides and after evidence the court heard the matter finally. However, some adverse orders were passed against O.P. No. 3 in the meantime and matter was brought to the Court of District & Sessions Judge, Deoria and proceedings before the SDM court were stayed in 2021. However, the record of the case was sent back to the court of SDM, Deoria on 12/12/2024. The matter was dealt with by the Court of Additional SDM, Deoria but despite the case being critically old the said court has kept the matte
The High Court cannot exercise superintendence over Executive Magistrates, as jurisdiction is limited to Judicial Magistrates under applicable legal provisions.
The Additional Chief Metropolitan Magistrates and Additional District Magistrates can exercise the powers under Section 14 of the SARFAESI Act.
Additional Chief Judicial Magistrate empowered equivalently to Chief Judicial Magistrate for SARFAESI Section 14 applications via appointment notifications; Section 482 CrPC petition not maintainable....
Chief Judicial Magistrate lacks jurisdiction to transfer criminal cases; such authority exclusively belongs to the Sessions Judge under the Code of Criminal Procedure.
The main legal point established in the judgment is the importance of jurisdiction in trying cases and the constitutional mandate for a speedy trial.
Appeals from orders under S.514 of the Cr. P. Code must be filed in the District Magistrate's court, not before an Additional District Magistrate.
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