Neutral Citation No. - 2025:AHC:13303 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14726 of 2024 Petitioner :- Vijay Kumar Chaurasiya And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present petition has been preferred with the prayer to set aside the impugned summoning order dated 05.09.2022 passed by learned Judicial Magistrate, Siddharth Nagar in Complaint Case no. 15415 of 2021 (Sanjay Kumar vs. Vijay Kumar and others) as well as order dated 04.10.2024 passed by learned Additional Sessions Judge, Court no. 1, Siddharth Nagar in criminal revision no. 139 of 2022 (Vijay Kumar Chaurasiya and others vs. State of U.P. and another). 3. It is the case of the petitioners that respondent no. 2 filed a complaint case no. 15415 of 2021 against the petitioners before the court concerned alleging that petitioners assaulted respondent no. 2 with the intention to kill him, whereupon learned court of Judicial Magistrate, Siddharth Nagar issued summoning order dated 05.09.2022 against the petitioners in pursuance to offences under sections 323, 504, 506, 352 IPC. Being aggrieved with order dated 05.09.2022, petitioners preferred criminal revision before concerned court but the same was rejected vide order dated 04.10.2024 passed by learned Additional Sessions Judge, Court no. 1, Siddharth Nagar which has been challenged through the instant petition. 4. In support of his arguments, the date of incident has been disputed by learned counsel for the petitioners since the same has been narrated in the complaint that on the date of incident complainant along with some other persons was returning back to his home after conduction of certain personal meetings in favour of a candidate who was contesting elections for Gram Pradhan but as per the records appended, the election has already been convened on dated 26.04.2021 itself. Further, the witnesses which have been mentioned in the complaint preferred at the behest of respondent no. 2 were not examined in pursuance to Section 202 of Cr.P.C. 5. It is next submitted that a NCR has already been preferred at the behest of the petitioner on dated 27.04.2021 itself and the instant complaint is the counter-blast of the same by way of mentioning irrelevant dates and incident after the gap of eight months. It is also submitted that at the time of preparation of the police report statements of certain persons who recorded the same in favour of the petitioners have been discarded by learned court of Judicial Magistrate, Siddharth Nagar without recording any reasoning. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition. 7. In view of the aforementioned facts and circumstances, learned court of Judicial Magistrate, Siddharth Nagar/concerned court is hereby directed to proceed with the complaint case no. 15415 of 2021 (Sanjay Kumar vs. Vijay Kumar and others) 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. 8. However, it is made clear that till the disposal of the complaint case no. 15415 of 2021, no coercive action shall be initiated against the petitioners and they are permitted to appear before the court concerned through their counsel except on the specific dates which is warranted as per the procedure and which will be intimated by learned court concerned through the counsel for the petitioners. 9. Both the parties are hereby directed cooperate with the learned court concerned for achieving the directions as made above and the learned court may not extend any unnecessary adjournment unless the same is unavoidable but at the same time the principles of natural justice in shape of audi alteram partem be ensured. 10. The instant petition stands disposed of accordingly. Order Date :- 24.1.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad