SUKANT SHARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A227/15852/2024 · 2025-03-03
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111735 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111735 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30597 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15852 of 2024 Petitioner :- Sukant Sharma And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Krishna Mishra 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 26.09.2022 passed by learned Additional Chief Judicial Magistrate, Court No.3, Ghaziabad in Criminal Complaint Case No.7783 of 2021 (Smt. Sheela vs. Sukant Sharma and Others), through which petitioner no.1 has been summoned under sections 498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act as well as
order dated 16.10.2024 passed by learned Additional District and Session Judge, Court No.16, Ghaziabad in Criminal Revision No.180 of 2024 (Sukant Sharma and Others vs. State of U.P. and Another), through which order dated 26.09.2022 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 26.09.2022 and 16.10.2024.
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 concerned is hereby directed to proceed with Criminal Complaint Case No.7783 of 2021 (Smt. Sheela vs. Sukant 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 so far as petitioner nos.2 and 3 is concerned they shall ensure their presence through counsel before learned concerned court as and when it requires and it is hereby directed to petitioner no.1 to ensure his presence in person before learned court concerned in pursuance to summoning order dated 26.09.2022.
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