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2025 DAILYLAW 113469 (ALL)

KAMAL SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A227/16296/2024 · 2025-02-13

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21774 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16296 of 2024 Petitioner :- Kamal Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Raj Kumar Dhama Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred for setting aside the order dated 05.12.2024 passed by learned Additional Sessions Judge, Court No.04, Baghpat in Criminal Revision No.88 of 2024 CIS Registration No.88 of 2024 (Kamal Singh and another vs. Anuradha and another) and also the order dated 19.2.2024 passed by the learned Judicial Magistrate, First, Baghpat in Complaint No.104 of 2023 (Anuradha vs. Sumit and others) summoning the revisionist/petitioners under Section 406 IPC, P.S. Baraut, District Baghpat. 3. Learned counsel 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 has been summoned and all these grounds have not been taken into consideration while passing the order dated 19.2.2024. Being aggrieved with the order dated 19.2.2024, petitioners preferred criminal revision before learned Sessions Court but the same was also rejected vide order dated 05.12.2024. 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 affidavits and keeping the matter pending before this Court and as such, learned Court of Judicial Magistrate, First, Baghpat is hereby directed to proceed with Complaint Case No. 104 of 2023 (Anuradha vs. Sumit and others) under Section 406 IPC, P.S. Baraut, District Baghpat and expedite and finalize it preferably within a year from the date of presentation of certified copy of this order before him after affording proper opportunity of hearing to all concerned. However, it is made clear that learned counsel for the petitioners on instructions received from his client states that no unnecessary adjournment shall be sought during pendency of the aforesaid complaint case unless the same is unavoidable. Petitioners shall be permitted to appear through counsel. 6. However, it is made clear that till the pendency of the above mentioned complaint case no coercive action shall be initiated against the petitioners. 7. The instant petition is hereby disposed of accordingly. Order Date :- 14.2.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad