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2025 DAILYLAW 105327 (ALL)

SMT VIJETA v. State of UP AND ANOTHER

A227/13533/2024 · 2025-02-13

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21887 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13533 of 2024 Petitioner :- Smt Vijeta Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.,Sunil Kumar Tiwari,Vijay Kumar Mishra Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred with following prayers:- "a) Issue a order or direction to set aside the impugned summoning order dated 02.07.2024 passed by Additional Session Judge (Court no. 2), Rampur in Criminal Revision no. 291 of 2022 (Smt. Vijeta vs. Tejpal Singh and another) as well as impugned summoning order dated 03.09.2022 passed by Civil Judge (Senior Division)/Fast Track Court, Rampur in Complaint Case no. 397 of 2017 (Tejpal Singh vs. Smt. Vijeta under Sections 467, 468, 471 IPC at Police Station- Shahabad, District- Rampur pending in the court of Civil Judge (Senior Division)/Fast Track Court, Rampur. b) Issue an order or direction to stay the further proceeding of Complaint Case no. 397of 2017 (Tejpal Singh vs. Smt. Vijeta) under section 467, 468, 471 IPC at Police Station- Shahabad, District-Rampur, pending in the court of Civil Judge (Senior Division)/Fast Track Court, Rampur." 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 order dated 03.09.2022. Being aggrieved with order dated 03.09.2022, petitioner preferred revision which was also rejected vide order dated 02.07.2024 which has been challenged through the instant petition. 4. Learned AGA for the State vehemently opposed the prayer sought through the instant petition. 5. Be that as it may, no useful purpose shall be served by way of giving time for exchange of counter and rejoinder affidavit and keeping the matter pending before this Court and as such, learned Court of Civil Judge (Senior Division)/Fast Track Court, Rampur/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 397 of 2017 (Tejpal Singh vs. Smt. Vijeta) Police Station- Shahabad, District- Rampur, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of certified copy of this order before him without granting any unnecessary adjournment to either of the parties, but after giving full opportunity of hearing to both sides. 6. Petitioner is permitted to appear before the court concerned through her counsel except on the specific dates as deemed fit by the concerned court. It is also directed to the parties that no unnecessary adjournment shall be sought unless the same is unavoidable and both the parties are directed to cooperate with the learned court concerned for achieving the directions as made above. 7. However, it is made clear that till the disposal of the above mentioned complaint case no.397 of 2017 no coercive action shall be initiated against the petitioner. 8. The instant petition is hereby disposed of accordingly. Order Date :- 14.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad