VED PRAKASH SHARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A227/15848/2024 · 2025-03-03
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111584 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111584 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30392 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15848 of 2024 Petitioner :- Ved Prakash Sharma And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Abhishek Sharma,Rajiv Sharma 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 18.10.2023 passed by learned Metropolitan Magistrate VIIIth, Kanpur Nagar in Complaint Case No.90821 of 2021 (Sheel Srivastava vs. Ved Prakash Sharma and Others), through which petitioners have been summoned under sections 323, 504, 339 I.P.C. as well as order dated 12.11.2024 passed by learned Additional Session Judge, Court No.8, Kanpur Nagar in Criminal Revision No.430 of 2024 (Ved Prakash and Others vs. State of U.P. and Another), through which order dated 18.10.2023 has been upheld. 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 18.10.2023 and 12.11.2024. 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. 6. In view of the above facts and circumstances of the case, learned court concerned is hereby directed to proceed with Complaint Case No.90821 of 2021 (Sheel Srivastava vs. Ved
Prakash Sharma 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 petitioners, but at the same time it is also made clear that the petitioners shall ensure their 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