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2025 DAILYLAW 19404 (ALL)

INTEZAR KHAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A227/1594/2025 · 2025-02-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23153 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1594 of 2025 Petitioner :- Intezar Khan And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- M. Asif Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Sri Gaurav Gupta, Advocate preferred 'vakalatnama' on behalf of respondent no.2, which is taken on record. 2. Heard Mohd. Asif, learned counsel for the petitioners, Sri Gaurav Gupta, learned counsel for respondent no. 2 and learned AGA for the State. 3. The instant petition has been preferred with following prayer:- "A. To set-aside the impugned order dated 21.01.2025 passed by Additional Session Judge, Court No. 3, District Shahjahanpur in Criminal Revision No. 127 of 2024 (Intezar Khan Vs. Haseeb and another) connected with Criminal Revision No. 133 of 2024 (Aslam Khan and others Vs. Haseeb and another) and summoning order dated 28.03.2024 passed by A.C.J.M. 2nd, Court No. 17, Shahjahanpur in Criminal Complaint No. 4195 of 2023 (Haseeb Vs. Aslam Khan and others)." 4. 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 28.03.2024. Being aggrieved with order dated 28.03.2024, petitioners preferred revision which was also rejected vide order dated 21.01.2025 which has been challenged through the instant petition. 5. Learned AGA for the State and learned counsel for respondent no. 2 vehemently opposed the prayer sought through the instant petition. 6. 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 Chief Judicial Magistrate IInd, Court No. 17, Shahjahanpur/concerned court is hereby directed to expedite and finalize the proceedings of Criminal Complaint No. 4195 of 2023 (Haseeb Vs. Aslam Khan and others), 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. 7. 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. 8. However, it is made clear that till the disposal of the above mentioned Criminal Complaint No. 4195 of 2023 (Haseeb Vs. Aslam Khan and others), no coercive action shall be initiated against the petitioners. 9. The instant petition is hereby disposed of accordingly. Order Date :- 18.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad