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2025 DAILYLAW 107121 (ALL)

RAHUL GUPTA ALIAS NEELU GUPTA v. State of UP AND ANOTHER

A227/14271/2024 · 2025-02-17

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:23271 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14271 of 2024 Petitioner :- Rahul Gupta Alias Neelu Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Kamlakar Pal,Shiv Kumar Pal Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred with following prayers:- "(i) to set aside the impugned order dated 24.04.2024 passed by Session Judge, District Etah in Criminal Revision no. 218 of 2023 (Rahul Gupta versus State of U.P. and another) as well as summoning order dated 22.08.2023 passed by the Additional Chief Judicial Magistrate, Court no. 18, District Etah in Case No. 9921 of 2018 (Murari Lal Advocate versus Rahul Gupta and others) by which petitioner were summoned under sections 342 and 427 IPC, Police Station Jaithra, District Etah (Annexure no. 1 and 2 to the petition)." 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 22.08.2023. Being aggrieved with order dated 22.08.2023, petitioner preferred revision which was also rejected vide order dated 24.04.2024 which has been challenged through the instant petition. Criminal history pertaining to petitioner as indicated by learned AGA has already been explained by the petitioner and this fact has been ascertained by learned AGA. 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 Additional Chief Judicial Magistrate, Court no. 18, District Etah/concerned court is hereby directed to expedite and finalize the proceedings of Case no. 9921 of 2018 (Murari Lal Advocate versus Rahul Gupta and others) Police Station- Jaithra, District- Etah, 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. 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 case no. 9921 of 2018 no coercive action shall be initiated against the petitioner. 8. The instant petition is hereby disposed of accordingly. Order Date :- 18.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad