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2025 DAILYLAW 20475 (ALL)

SUSHIL KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A227/1735/2025 · 2025-02-27

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28829 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1735 of 2025 Petitioner :- Sushil Kumar And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Manoj Kumar Yadav 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 prayer:- "(I) to set aside the order dated 20.01.2025 issued by Additional Session Judge/F.T.C. First, Jaunpur in Criminal Revision No. 79/2023, CNR.- UPJP010016172023, Sushil Kumar and Others Versus State of U.P. and Anothers, In, CNR.-UPJP010016172023, in Complaint Case No. 543 of 2019, Bindu Devi Vs. Sushil Kumar and Others, Under Section - 323, 504, 506, 427, 451 of I.P.C., P.S.-Barasathi, District-Jaunpur as well as order dated 23.12.2022 in Complaint Case No. 543 of 2019, Bindu Devi Vs. Sushil Kumar and Others, Under Section-323, 504, 506, 427, 451 of I.P.C., P.S.-Barasathi, District-Jaunpur, passed by Additional Civil Judge (J.D.), New Court Second/Judicial Magistrate, Jaunpur. "(ii) directing the respondent not to arrest/harass the Petitioner in pursuance of order dated 23.12.2022 passed by Additional Civil Judge (J.D.), New Court Second/Judicial Magistrate, Jaunpur, in Complaint Case No. 543 of 2019, Bindu Devi Vs. Sushil Kumar and Others, Under Section- 323, 504, 506, 427, 451 of I.P.C., P.S.-Barasathi, District-Jaunpur." 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 23.12.2022. Being aggrieved with order dated 23.12.2022, petitioners preferred revision which was also rejected vide order dated 20.01.2025 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 Second/Judicial Magistrate, Jaunpur/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case No. 543 of 2019 (Bindu Devi Vs. Sushil Kumar and Others) Under Section-323, 504, 506, 427, 451 of I.P.C., P.S.-Barasathi, District-Jaunpur, 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. 543 of 2019, no coercive action shall be initiated against the petitioners. 8. The instant petition is hereby disposed of accordingly. Order Date :- 28.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad