Neutral Citation No. - 2025:AHC:12055 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14640 of 2024 Petitioner :- Nishit Ain And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Shams Uz Zaman 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 23.04.2024 passed by learned Judicial Magistrate First Class, Baghpat in Complaint Case No.54 of 2024 (Unnati Jain vs. Nishit Jain and Others), P.S. Badout, District- Baghpat, through which all the petitioners have been summoned under section 406 I.P.C. as well as order dated 30.09.2024 passed by learned Additional Session Judge, Court No.5, Baghpat in Criminal Revision No.103 of 2024 (Nishit Jain and Others vs. State of U.P. and Another), through which order dated 23.04.2024 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 23.04.2024 and 30.09.2024. 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. 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. 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. 7. In view of the above facts and circumstances of the case, learned Judicial Magistrate First Class, Baghpat/court concerned is hereby directed to proceed with Complaint Case No.54 of 2024 (Unnati Jain vs. Nishit Jain and Others), P.S. Badout, District- Baghpat 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. 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 petitioners, but at the same time it is also made clear that the petitioners shall ensure their presence through counsel before learned concerned court as and when it requires. 10. The instant petition stands disposed of accordingly. Order Date :- 22.1.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad