Lower courts are obligated to expedite the hearing and disposal of cases in accordance with Section 309 of the Code of Criminal Procedure.

Headnote:
Fact of the Case:

The applicant filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking a direction to the Metropolitan Magistrate's Court, Kanpur Nagar, to expedite the hearing of a complaint case filed by him in 2019 under Sections 452, 323, 504, and 506(2) of the Indian Penal Code.
Finding of the Court:

The High Court observed that the concerned court had not properly attended to the case, leading to its pendency since 2019. The court emphasized the obligation of the lower court to expedite proceedings in accordance with Section 309 of the Code of Criminal Procedure.
Issues: Delay in the hearing of a complaint case due to the inaction of the lower court.
Ratio Decidendi: The High Court relied on Section 309 of the Code of Criminal Procedure, which mandates the expeditious disposal of cases by courts.
Final Decision: The High Court directed the lower court to expedite the hearing and disposal of the complaint case within six months from the date of production of a certified copy of the order, after providing an opportunity of hearing to the parties concerned.

Court No. - 72

Case :- APPLICATION U/S 482 No. - 16507 of 2022

Applicant :- Vinod Pandey

Opposite Party :- State Of U.P. And 5 Others

Counsel for Applicant :- Roshan Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma, J.

Heard learned counsel for the applicant as well as learned A.G.A. for the

State and perused the record.

By way of the instant application, the applicant has prayed for a direction

to the learned Subordinate Court of Metropolitan Magistrate - Ist, Kanpur

Nagar, to expedite the hearing of Complaint Case No. 2054/2019 (Vinod

Pandey Vs. Sudhir Kumar Pathak and others) under Sections 452, 323,

504, 506(2) I.P.C, Police Station Kotwali, District Kanpur Nagar as early

as possible within time fixed by this Court.

I have considered the submissions advanced by learned counsel for the

petitioner and perused the record.

From perusal of the order-sheet it appears that the concerned Court has not

properly attended the case due to which the complaint case is pending

since 2019.

Obviously, the court below is under obligation to expedite the proceeding

adhering to the provision of Section 309 Cr.P.C.

In this view of the matter, this application is disposed of with the direction

that the court below will expedite and dispose of the aforesaid case in

accordance with law expeditiously, preferably within a period of six

months from the date of production of a certified copy of this orderafter

affording opportunity of hearing to the parties concerned, if there is no

legal impediment.

Order Date :- 2.1.2023

Vinod.

Digitally signed by :-

VINOD KUMAR JAISWAL

High Court of Judicature at Allahabad

Digitally signed by :-

VINOD KUMAR JAISWAL

High Court of Judicature at Allahabad