Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 13981 (ALL)

SANJEEV BAYAS @ RAJAT SHETTY v. STATE OF U.P. AND ANOTHER

A227/1077/2025 · 2025-02-11

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:20160 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1077 of 2025 Petitioner :- Sanjeev Bayas @ Rajat Shetty Respondent :- State of U.P. and Another Counsel for Petitioner :- Pankaj Kumar Rai Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ashok Trivedi, learned counsel for petitioners and learned AGA for the State. 2. The instant petition has been preferred with a prayer to quash the revisional order dated 11.11.2024 passed by learned Additional District and Session Judge, Court No.3, Meerut in Criminal Revision No.178 of 2024 (Manoj Kumar Yadav Vs. State of U.P. and another) as well as order dated 12.02.2024 passed by learned Judicial Magistrate/Additional Civil Judge (J.D.), Court No.5, Meerut in Complaint Case No.15565 of 2023 (Manoj Kumar Yadav Vs. Sanjeev Bayas urf Rajat Shetty). 3. Learned counsel for petitioner submitted that respondent no.2 lodged an FIR bearing Case Crime No.302 of 2020, under Sections 307, 323, 504, 506 IPC against unknown persons, wherein after conclusion of investigation by the concerned Investigating Officer, final report was submitted on dated 12.07.2021, whereupon respondent no.2 preferred protest petition. Learned counsel for petitioner further submitted that without considering the material available on record, learned court concerned directed for re- investigation of the matter vide order dated 29.03.2022 while dealing with protest petition preferred at the behest of respondent no.2. After re-investigation of the matter, again the concerned Investigation Officer preferred final report on dated 07.10.2022 but learned court concerned was not accepted the said final report and treated it as a complaint case, whereupon after recording the statements, summoned the petitioner under Section 324 IPC vide order dated 12.02.2024. Being not satisfied with the order dated 12.02.2024, respondent no.2 preferred Criminal Revision No.178 of 2024 and the same was rejected by learned revisional court vide order dated 11.11.2024 affirming the order dated 12.02.2024. 4. Learned counsel for petitioner submitted that petitioner never engaged any counsel to appear on his behalf in the said criminal revision but surprisingly, an advocate filed his false Vakalatnama on behalf of petitioner whereas petitioner lives in Bengaluru and as such, no notice has ever been served upon him. Learned counsel for petitioners further submitted that there is hardly any attraction of section in which the petitioner has been summoned vide order dated 12.02.2024 and before passing the order in the criminal revision preferred at the behest of respondent no.2, petitioner has never been heard wherein order dated 12.02.2024 has been affiremed and as such, the same may be quashed. 5. Per contra, learned AGA for the State vehemently opposed the prayer sought through the instant petition on the ground that both the impugned orders have been passed after considering the material available on record which are just and proper. 6. Be that as it may, no useful purpose will be served in keeping the matter pending by way of calling counter affidavit and rejoinder affidavit by the parties and as such, learned Judicial Magistrate/Additional Civil Judge (J.D.), Court No.5, Meerut is hereby directed to expedite and finalize the proceedings of Complaint Case No.15565 of 2023 (Manoj Kumar Yadav Vs. Sanjeev Bayas urf Rajat Shetty), as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a 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. 7. However, it is made clear that the petitioner will be at liberty to appear before the court concerned through his counsel and till the disposal of aforesaid complaint case, no coercive action shall be taken against petitioner herein. 8. The instant petition is hereby disposed of accordingly. Order Date :- 11.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad