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2025 DAILYLAW 104624 (ALL)

MILAN v. State of UP AND ANOTHER

A227/13251/2024 · 2025-03-05

Saurabh Srivastava

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:32523 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13251 of 2024 Petitioner :- Milan Respondent :- State of U.P. and Another Counsel for Petitioner :- Satyam Narayan Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioner 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 14.08.2023 passed by learned Civil Judge (Junior Division)/Fast Track Court (C.A.W), Meerut in Complaint Case No.4658 of 2022 (Nishant vs. Milan and Others) Police Station- Parikshitgarh, District- Meerut, through which petitioner along with other accused has been summoned under sections 147,148, 341, 323, 452 I.P.C. as well as order dated 26.07.2024 passed by learned Additional District and Session Judge, Court No.17, Meerut in Criminal Revision No.200 of 2024 (Milan and Others vs. State of U.P. and Another), through which order dated 14.08.2023 has been upheld. 3. Learned counsel for the petitioner 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 petitioner has been summoned and all these grounds have not been taken into consideration while passing the impugned orders dated 14.08.2023 and 26.07.2024. It is further submitted by learned counsel for the petitioners that the impugned orders are liable to be set-aside since the matter which has been arisen in shape of summoning the petitioners is prima-facie seems to be a counter-blast in retaliation to the F.I.R. preferred at the behest of petitioners, wherein the private respondents were already granted bail. 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 court of Judicial Magistrate, Aligarh is hereby directed to proceed with Complaint Case No.4658 of 2022 (Nishant vs. Milan and Others) Police Station- Parikshitgarh, District- Meerut 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 petitioner, but at the same time it is also made clear that the petitioner shall ensure his 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