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2025 DAILYLAW 112169 (ALL)

BABURAM AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

A227/16013/2024 · 2025-02-11

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20083 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16013 of 2024 Petitioner :- Baburam And 7 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vijay Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred with following prayer:- "a) Set aside the impugned order dated 19.09.2024 passed by Session Judge, Sant Kabit Nagar in Criminal Revision No. 319 of 2023 (Baburam and others Vs. State and another) (Annexure No. 01 to the petition) and impugned order dated 01.12.2022 passed by Judicial Magistrate, Sant Kabir Nagar in complaint case No. 5866 of 2021 (Lalchand Vs. Baburam and others), under Section 147, 323, 379, 342 I.P.C., Police Station Kotwali Khalilabad, District Sant Kabir Nagar (Annexure No. 02 to the petition)." 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 order dated 01.12.2022. Being aggrieved with order dated 01.12.2022, petitioners preferred revision which was also rejected vide order dated 19.09.2024 which has been challenged through the instant petition. 4. Learned AGA for the State vehemently opposed the prayer sought through the instant petition. 5. Be that as it may, no useful purpose shall be served by way of giving time for exchange of counter and rejoinder affidavit and keeping the matter pending before this Court and as such, learned Court of Judicial Magistrate, Sant Kabir Nagar/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case No. 5866 of 2021 (Lalchand Vs. Baburam and others), under Section 147, 323, 379, 342 I.P.C., Police Station Kotwali Khalilabad, District Sant Kabir Nagar, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of certified copy of this order before him without granting any unnecessary adjournment to either of the parties, but after giving full opportunity of hearing to both sides. 6. It is also directed to the parties that no unnecessary adjournment shall be sought unless the same is unavoidable and both the parties are directed to cooperate with the learned court concerned for achieving the directions as made above. 7. However, it is made clear that till the disposal of the above mentioned Complaint Case No. 5866 of 2021 (Lalchand Vs. Baburam and others), no coercive action shall be initiated against the petitioners. 8. The instant petition is hereby disposed of accordingly. Order Date :- 11.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad