Neutral Citation No. - 2025:AHC:32524 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13238 of 2024 Petitioner :- Akhil Kumar And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Prashant Yadav,Rajeev Kumar Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. The instant petition under Article 227 of the Constitution of India has been preferred for challenging the order dated 25.10.2023 passed by learned Additional Chief Judicial Magistrate, Court No.18, Etah in Complaint Case No.8726 of 2022 (Ram Viresh vs. Akhil and Others), P.S. Jaithara, District Etah, through which petitioner nos.1, 2 and 4 have been summoned under sections 452, 323 I.P.C. and petitioner no.3 has been summoned under sections 452, 323, 406 I.P.C. as well as order dated 29.08.2024 passed by learned Session Judge, Etah in Criminal Revision No.160 of 2024 (Akhil Kumar and Others vs. State of U.P. and Another), through which above order dated 25.10.2023 has been upheld. 3. Learned counsel for the petitioners pressed all the grounds whatsoever has been taken through the instant petition, through which it has been apprised that there is hardly any attraction of sections in which the petitioners have been summoned and all these grounds have not been taken into consideration while passing the impugned orders dated 25.10.2023 and 29.08.2024. It is further submitted by learned counsel for the petitioners that the impugned orders are liable to be set-aside since the instant complaint is prima-facie seems to be counterblast to the F.I.R. preferred at the behest of petitioners. 4. Per contra, learned A.G.A. opposed the prayer as made in the petition on the ground that summoning order has been passed after considering the material available on record. 5. Be that as it may, no useful purpose shall be served by way of giving time for exchange of counter and rejoinder affidavits and keeping the matter pending before this Court. Since the matter is hereby directed to proceed by the concerned court/Magistrate, the provision for issuing notices to the private respondents is hereby dispensed with. 6. In view of the above facts and circumstances of the case, learned Additional Chief Judicial Magistrate, Court No.18, Etah/ court concerned is hereby directed to proceed with Complaint Case No.8726 of 2022 (Ram Viresh vs. Akhil and Others), P.S. Jaithara, District Etah and decide the same as expeditiously as possible, preferably within a period of 12 months from the date of production of certified copy of this order by way of giving proper opportunity of hearing to all the concerns. 7. Both the parties are hereby directed to extend their full co- operation to learned concerned court for receiving directions as made above and at the same time, it is also requested to learned concerned court for not extending unnecessary adjournment to any of the parties. 8. However, it is made clear that till the disposal of abovementioned complaint case, no coercive action shall be initiated against the petitioners, but at the same time it is also made clear that the petitioners shall ensure their presence before learned concerned court as and when it requires. 9. The instant petition stands disposed of accordingly. Order Date :- 6.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad