Court No. - 84

Case :- APPLICATION U/S 482 No. - 10532 of 2022

Applicant :- Irfan And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Meraj Ahmad Khan,Aqueeq Ahmad

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Meraj Ahmad Khan, learned counsel

for the applicants, Sri Ravi Kant Kushwaha,

learned AGA, for the State, and perused the

record of the case.

By way of the present application, applicants

have made a prayer to direct the SDM concerned

to decide Case No.8256 of 2020 (Irfan and others

Vs. Manauar Ali) under Section 145

Cr.P.C.,Police Station Shyamdeorawa, District

Maharajganj pending in the court of SDM Sadar,

Maharajganj, expeditiously, preferably within

stipulated period of time.

Learned counsel for the applicants submitted that

proceedings under Section 145 Cr.P.C. initiated

by applicants is pending since 2020, therefore,

SDM concerned may be directed to decide the

same, as expeditiously as possible, preferably

within stipulated period of time.

Per contra, learned AGA submitted that the

proceedings under Sections 145 Cr.P.C.is pending

since 2020 and apparently there is no immediate

danger of breach of peace but he could not

dispute the fact that if any application is filed by

either of the parties then the court concerned

should decide the same and, therefore, he submits

that he is having no objection if any such

direction is given to the SDM concerned to

decide the proceeding of the case under Section

145 Cr.P.C.pending since 2020.

I have heard learned counsel for both the parties

and perused the record of the case.

Applicants filed an application under Section 145

Cr.P.C. against opposite party no.2 and on their

application proceedings under Section 145

Cr.P.C. although initiated but till date it could not

be concluded. However, as proceeding under

Section 145 Cr.P.C. is pending since the year

2020, therefore, it appears that there is no

immediate danger of breach of peace but as

dispute between applicants and opposite party

no.2 is still subsisting, the proceeding under

Section 145 Cr.P.C. pending before the SDM

concerned should be decided finally.

Therefore, in this view of the matter, SDM

concerned is directed to conclude the proceeding

of the case pending before it under Section 145

Cr.P.C., as expeditiously as possible, preferably

within three months from the date of production

of certified copy of this order, without granting

unnecessary adjournment to either of the parties,

if there is no other legal impediment.

The present application stands finally disposed

of.

Order Date :- 21.7.2022/SKM

Digitally signed by SHRAVANA

KUMAR MISHRA

Date: 2022.07.26 10:56:19 IST

Reason:

Location: High Court of Judicature at

Allahabad