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Allahabad High Court · body

1986 DIGILAW 322 (ALL)

Mustafa Ahmad Khan v. State of U. P

1986-04-01

P.DAYAL

body1986
JUDGMENT P. Dayal, J. - This is a petition under Section 482 Cr. P.C. A detailed order dated December 9, 1985 was passed wherein it was specifically indicated that the case against the petitioner was pending for the last about twenty years and the trial Court was not able to decide it either way. An opportunity was given to the trial Court by means of that order dated December 9, 1985 to decide the case either way within two months of the receipt of the record and the C.J.M. Lucknow was directed to look into the compliance of that order and report, the Chief Judicial Magistrate did not send any report. An affidavit has been filed today that the case has not yet been disposed of and two dates were fixed on March 15, 1986 and March 21,1986 but no prosecution witness had appeared in the Court on that date. 2. The petitioner has already suffered harassment and mental agony of this trial for the last about twenty years and in view of the facts and circumstances discussed above, this petition is fit to be allowed. 3. The petition is allowed and the proceedings of Case No. 1041/83 State v. M.A. Khan pending in the Court of Sri Jagdish Prasad, Judicial Magistrate, Lucknow are quashed.