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2025 DAILYLAW 108640 (ALL)

LALIT GUPTA AND 2 OTHERS v. State of UP AND ANOTHER

A227/14897/2024 · 2025-03-09

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35027 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14897 of 2024 Petitioner :- Lalit Gupta And 2 Others 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 prayer:- "(i) To set aside the impugned order dated 23.09.2024 passed by Additional Session Judge/Fast Track Court-IInd, Etah in Criminal Revision No. 97 of 2024 (Dharmendra Kumar and others Versus State of U.P. and another) as well as the summoning order dated 17.02.2024 passed by the Additional Chief Judicial Magistrate, Court No. 18, District Etah in Complaint Case being Case No. 22923 of 2023 (Dhan Devi Versus Dharmendra Kumar and others) by which petitioners were summoned under Section 147, 452, 323, 504, 506 I.P.C., Police Station Jaithra, Etah." 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 order dated 17.02.2024. Being aggrieved with order dated 17.02.2024, petitioners preferred revision which was also rejected vide order dated 23.09.2024 which has been challenged through the instant petition. 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 process of issuing notices to private respondent is hereby dispensed with and at the same, learned Court of Additional Chief Judicial Magistrate, Court No. 18, District Etah/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case being Case No. 22923 of 2023 (Dhan Devi Versus Dharmendra Kumar and others) under Sections 147, 452, 323, 504, 506 I.P.C., Police Station Jaithra, 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 Complaint Case being Case No. 22923 of 2023, no coercive action shall be initiated against the petitioners. 8. The instant petition is hereby disposed of accordingly. Order Date :- 10.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad