Neutral Citation No. - 2025:AHC:11980 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14948 of 2024 Petitioner :- Madhav Lal Gupta Agrahari And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Aniket Jaiswal,Chandra Narayan Mishra,Sandeep Kumar Agrahari,Virendra Kumar Jaiswal 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 28.10.2024 passed by learned Additional District and Session Judge, Court No.22, Prayagraj in Criminal Revision No.43 of 2019 (Manoj Kumar Kesarwani vs. State of U.P. and Others), through which order dated 26.10.2018 has been set-aside and the matter was remitted back to learned court concerned with certain observations. 3. It is the case of petitioner that initially an application under section 156(3) Cr.P.C. has been preferred by respondent no.2, whereupon vide order dated 26.10.2018 passed by learned Judicial Magistrate, Court No.3, Allahabad in Complaint Case No.2638 of 2018 (Manoj Kumar Kesarwani vs. Madhav Lal Gupta Agrahari and Others), all the petitioners have been summoned only under sections 323, 504 I.P.C., being aggrieved with the order dated 26.10.2018, respondent no.2 preferred Criminal Revision No.43 of 2019 and the same has been accepted vide order dated 28.10.2024 by learned revisional court, which impugned the present petition. 4. 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 orders dated 26.10.2018 and 28.10.2024. 5. Per contra, learned A.G.A. opposed the prayer as made in the petition on the ground that the revisional order has been passed after considering the material available on record. 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 in absence of respondent no.2. 7. In view of the above facts and circumstances of the case, learned Judicial Magistrate, Court No.3, Allahabad/concerned court is hereby directed to proceed with Complaint Case No.2638 of 2018 (Manoj Kumar Kesarwani vs. Madhav Lal Gupta Agrahari 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. 8. Both the parties are hereby directed to extend their full co- operation to learned concerned court for achieving the 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