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2025 DAILYLAW 110451 (ALL)

CHANDRA PAL v. STATE OF UP AND ANOTHER

A227/15549/2024 · 2025-03-03

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:30152 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15549 of 2024 Petitioner :- Chandra Pal Respondent :- State of U.P. and Another Counsel for Petitioner :- Dinesh Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioner 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 06.03.2024 passed by learned Additional Chief Judicial Magistrate, Court No.3, Meerut in Complaint Case No.25728 of 2023 (Dinesh Chandra Bansal vs. Chandrapal), through which petitioner has been summoned under sections 323, 504, 506 I.P.C. as well as order dated 29.10.2024 passed by learned Additional Session Judge, Court No.2, Meerut in Criminal Revision No.406 of 2024 (Chandrapal Thekedar Vs. State of U.P. and Another), through which above order dated 06.03.2024 has been upheld. 3. Learned counsel for the petitioner 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 petitioner has been summoned and all these grounds have not been taken into consideration while passing the impugned orders dated 06.03.2024 and 29.10.2024. 4. Per contra, learned A.G.A. opposed the prayer as made in the petition 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. Since the matter is hereby directed to proceed by the concerned court/Magistrate, the provision for issuing notices to the private respondents is hereby dispensed with. 6. In view of the above facts and circumstances of the case, learned court of Judicial Magistrate, Aligarh is hereby directed to proceed with Complaint Case No.25728 of 2023 (Dinesh Chandra Bansal vs. Chandrapal) 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 petitioner, but at the same time it is also made clear that the petitioner shall ensure his presence before learned concerned court as and when it requires. 9. The instant petition stands disposed of accordingly. Order Date :- 4.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad