Neutral Citation No. - 2025:AHC:11799 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14954 of 2024 Petitioner :- Prem Chandra And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Prashant Kumar Srivastava,S.P. Lal Counsel for Respondent :- Ansar Ahmad,G.A.,Sandhya Chaturvedi Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioners, learned A.G.A. for State and Sri Ansar Ahmad, learned counsel for respondent no.2. 2. The instant petition under Article 227 of the Constitution of India has been preferred with following reliefs:- "I. issue order or direction to set-aside the orders dated 12.07.2023 and 11.11.2024 passed by learned Civil Judge (Junior Division)/F.T.C., Auraiya and learned Additional District and Session Judge/F.T.C.-I, Auraiya respectively. II. Issue order or direction not to arrest the petitioners and not to take coercive action against the petitioners and stay further proceedings in Complaint Case No.455 of 2023 (Akanchha Soni Vs. Santosh Kumar and Others), pending in the court of learned Civil Judge (Junior Division)/F.T.C., Auraiya." 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 12.07.2023 and 11.11.2024. 4. Per contra, learned A.G.A. and learned counsel for respondent no.2 opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioners on the ground that summoning order has been passed after considering the material available on record. 5. 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. 6. In view of the above facts and circumstances of the case, learned Civil Judge (Junior Division)/F.T.C., Auraiya/court concerned is hereby directed to proceed with Complaint Case No.455 of 2023 (Akanchha Soni Vs. Santosh 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 by way of giving proper opportunity of hearing to all the concerns. 7. 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. 8. However, it is made clear that till the disposal of abovementioned complaint case, no coercive action shall be initiated against the all the petitioners except petitioner no.5, who is husband of the victim/respondent no.2, but at the same time it is also made clear that the petitioner nos.1, 2, 3, 4 and 6 shall ensure their presence through counsel and petitioner no.5 shall appear in person before learned concerned court as and when it requires. 9. If petitioner no.5 surrenders before learned court concerned and apply for bail, learned court concerned is hereby directed to consider his bail application and decide the same as expeditiously as possible, preferably within a period of one month, in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 10. If the same has been complied, no coercive action shall be initiated against petitioner no.5 till one month from today. 11. In view of the above, this petition stands disposed of. Order Date :- 22.1.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad