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Neutral Citation No. - 2025:AHC:8138 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14220 of 2024 Petitioner :- Bhudev Respondent :- State of U.P. and Another Counsel for Petitioner :- Sushil Dubey 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 19.12.2023 passed by learned Judicial Magistrate, Court No.8, Mathura in Complaint Case No.1265 of 2019 (Pramod vs. Surendra and Others), P.S. Jamunapar, District- Mathura, through which petitioner has been summoned under sections 147, 148, 149, 323, 307, 504, 506 & 120B I.P.C. as well as order dated 22.10.2024 passed by learned Additional Sessions Judge, Court No.1, Mathura in Criminal Revision No.429 of 2024, through which order dated 19.12.2023 has been affirmed. 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 19.12.2023 and 22.10.2024. It is also submitted by learned counsel for the petitioner that anticipatory bail preferred at the behest of petitioner has already been allowed by learned court concerned itself, the same is annexed as Annexure No.15 to this petition. 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. 6. In view of the above facts and circumstances of the case, learned Judicial Magistrate, Court No.8, Mathura/concerned court is hereby directed to proceed with Complaint Case No.1265 of 2019 (Pramod vs. Surendra and Others), P.S. Jamunapar, District- Mathura 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.
Since the matter is hereby directed to proceed by the concerned court/Judicial Magistrate, the provision for issuing notices to the private respondent is hereby dispensed with. 8. 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. 9. 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. 10. The instant petition stands disposed of accordingly. Order Date :- 17.1.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad