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2025 DAILYLAW 188141 (ALL)

SMT PARVEEN JAHAN AND 3 OTHERS v. State of UP AND ANOTHER

A227/13713/2024 · 2025-02-13

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Judgment text

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Neutral Citation No. - 2025:AHC:21909 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13713 of 2024 Petitioner :- Smt Parveen Jahan And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Jaideep Pandey 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:- "I. set aside impugned order dated 18.09.2024 passed by Additional Session Judge, Court No. 12, Moradabad in Criminal Revision no. 96 of 2023 (Smt. Parveen Jahan and another versus State of U.P. and another) as well as order 23.01.2023 passed by Additional Civil Judge (J.D.) new Court no. 3, Moradabad in Complaint Case no. 1212 of 2021 (Smt. Shabina Begam versus Smt. Parveen Jahan and another) under sections 323, 506 IPC, Police Station Galsheed, District Moradabad (Annexure no. 1 and 5 to this petition). II. Quash the further proceedings of Complaint Case no. 1212 of 2018 (Smt. Shabina Begam versus Smt. Parveen Jahan and another) under sections 323, 506 IPC, Police Station Galsheed, District Moradabad, pending before learned Additional Chief Judicial Magistrate, Court no. 3, Bijnor." 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 23.01.2023. Being aggrieved with order dated 23.01.2023, petitioner preferred revision which was also rejected vide order dated 18.09.2024 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 Additional Civil Judge (J.D.) new Court no. 3, Moradabad/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 1212 of 2021 (Smt. Shabina Begam versus Smt. Parveen Jahan and another) Police Station Galsheed, District Moradabad, 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. Petitioners are permitted to appear before the court concerned through their respective counsels, however, personal appearance shall be ensured by the petitioners on the specific dates which will be intimated by the learned court concerned and mandatory as per the procedure. 7. However, it is made clear that till the disposal of the above mentioned complaint case no.1212 of 2021 no coercive action shall be initiated against the petitioners. 8. The instant petition is hereby disposed of accordingly. Order Date :- 14.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad