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2025 DAILYLAW 11632 (ALL)

SMT. SUMAN DEVI v. STATE OF U.P. AND ANOTHER

A227/1121/2025 · 2025-02-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25137 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1121 of 2025 Petitioner :- Smt. Suman Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Rakesh Pathak 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 prayers:- "A. Issue a direction to set aside the impugned order dated 29.11.2024 passed in Criminal Revision no. 326 of 2024 passed by Additional District and Session Judge, F.T.C. and order dated 06.05.2024 passed by Additional Civil Judge (J.D. Court No.7,) Kanpur Nagar, passed in Complaint Case no. 192015 of 2023 under sections 498 a, 323, 504, 506 IPC, and 3/4 D.P. Act, Police Station Mahila Thana, District-Kanpur Nagar, wherein the learned concerned Magistrate have confirmed the order dated 06.05.2024 against the petitioner." 3. Learned counsel for the petitioner 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 petitioner has been summoned and all these grounds have not been taken into consideration while passing the order dated 06.05.2024. Being aggrieved with order dated 06.05.2024, petitioner preferred revision which was also rejected vide order dated 29.11.2024 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 Additional Civil Judge (J.D. Court No.7,) Kanpur Nagar/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 192015 of 2023, Police Station- Mahila Thana, District- Kanpur 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.192015 of 2023 no coercive action shall be initiated against the petitioner. 8. The instant petition is hereby disposed of accordingly. Order Date :- 20.2.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad