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2025 DAILYLAW 16340 (ALL)

SULEMAN v. STATE OF U.P. AND ANOTHER

A227/1380/2025 · 2025-02-19

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:25373 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1380 of 2025 Petitioner :- Suleman Respondent :- State of U.P. and Another Counsel for Petitioner :- Aktar Ahmed Siddiqui Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner and learned AGA. 2. Specific prayer has been made through the instant petition for stay the effect and operation of the impugned summoning order dated 20.05.2024 passed by learned Additional Chief Judicial Magistrate-I, Court No.16, Shahjahanpur, under Section 324, 506 IPC in Complaint Case No.6456 of 2023 (Rizwan vs. Suleman and Ors), and order dated 06.12.2024 passed by Sessions Judge, Shahjahanpur in Criminal Revision No. 160 of 2024 (Suleman vs. State of U.P. & Another). 3. Learned counsel for petitioner submitted that the said case is pending since 2024 before the concerned trial court at the stage of trial itself wherein petitioner is running from pillar to post to get justice and bring the trial to its logical conclusion but all his efforts have been gone in vain. 4. Considering the innocuous prayer made by learned for petitioner, process of issuing notices to respondents is hereby dispensed with and at the same time, learned Additional Chief Judicial Magistrate-I, Court No.16, Shahjahanpur is hereby directed to decide the Complaint Case No.6456 of 2023 (Rizwan vs. Suleman and Ors), and order dated 06.12.2024 passed by Sessions Judge, Shahjahanpur in Criminal Revision No. 160 of 2024 (Suleman vs. State of U.P. & Another) strictly in accordance with dealing the grounds taken up to the instant petition, without granting any unnecessary adjournment to either of the parties but after giving full opportunity of hearing to both sides, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment. 5. Till the disposal of the complaint case no. 9040 of 2021, no coercive action shall be initiated against the petitioner. However, it is also made clear that petitioner is permitted to appear in proceeding through his counsel. Personal appearance of the petitioner if required shall be intimated through his counsel as per the mandate of the procedure. The petitioner is also directed to place this order along with complete copy of the petition wherein the grounds are being mentioned, so that the same be taken into consideration by the learned concerned court. 6. In view of the aforesaid direction, the instant petition is disposed of. Order Date :- 20.2.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad