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Neutral Citation No. - 2025:AHC:16229 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14818 of 2024 Petitioner :- Gaffar Respondent :- Smt Anita And 2 Others Counsel for Petitioner :- Arju,Ulajhan Singh Bind Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The writ petition has been filed for following prayers:-
"(i). direct the Additional Chief Judicial Magistrate Ist Saharanpur, District Saharanpur to summon the defendant/respondents for trial in Case No. 11116 of 2022 (Gaffar Versus Anita and others) as accused in accordance with law. (ii) direct the Additional Chief Judicial Magistrate Ist Saharanpur, District Saharanpur to decide the Case No. 11116 of 2022 (Gaffar Versus Anita and others) within a specific period/within a fixed period."
3. Learned counsel for the petitioner submitted that the petitioner filed an application under section 156(3) Cr.P.C. against the respondents and one Israr for registration of FIR. It is further stated that the learned Judicial Magistrate IIIrd Saharanpur, District Saharanpur passed an order dated 30.11.2018 in which the application u/s 156(3) Cr.P.C. filed by the petitioner was registered as complaint case and thereafter the learned concerned court recorded statement under sections 200 and 202 Cr.P.C. Thereafter the learned concerned court passed summoning
order against only two persons namely, Parmal Singh (respondent no. 3) and one Israr in compliant case no. 243 of 2019 which is now registered as case no. 11116 of 2022 and has not summoned the respondent nos. 1 and 2, which impugned the present petition.
4. Learned AGA vehemently opposed the prayer sought through the instant petition.
5. After perusal of order dated 14.10.2021 passed by the learned Additional Chief Judicial Magistrate Ist, Saharanpur, District Saharanpur, I find that the same does not suffer from any illegality, infirmity or jurisdictional error requiring any interference by this Court.
6. The writ petition lacks merit and is liable to be dismissed. Hence, it is, accordingly, dismissed.
Order Date :- 5.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad