DHEERENDRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A227/15834/2024 · 2025-03-03
Saurabh Srivastava
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 111723 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111723 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30782 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15834 of 2024 Petitioner :- Dheerendra And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Omvir Singh Rajpoot 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 with following reliefs:-
"(i) Issue an order or direction to set-aside the judgement and order dated 23.09.2024 passed by learned Session Judge, Etah in Criminal Revision No.134 of 2024 (Dheerendra and Others vs. State of U.P. and Others) and the
order dated 14.08.2024 passed by learned Additional Civil Judge (Senior Division), Etah in Criminal Misc. Case No.1475 of 2024 (Anil Kumar vs. Virendra @ Dheerendra Singh and Others), P.S. Pilua, District- Etah and to reject the complaint of complainant/opposite party no.2."
3. Learned counsel for the petitioners submitted that the order dated 03.05.2024 passed by learned court concerned, whereby the petitioners have been summoned in pursuance to sections 452, 323, 504, 506, 354kha, 379 I.P.C. as well as order dated 23.09.2024 passed by learned revisional court, whereby the above
order dated 03.05.2024 has been upheld are illegal, arbitrary and against the law, since similar set of facts has already been available in the F.I.R. preferred at the behest of husband of complainant/respondent no.2.
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 concerned is hereby directed to proceed with Complaint Case No.267 of 2024 (Mamta vs. Dheerendra 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