SANJAY AND 4 OTHERS v. THE STATE OF U.P. AND ANOTHER
A227/1737/2025 · 2025-02-27
Saurabh Srivastava
body2025
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[ 2025 DAILYLAW 20805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20805 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28827 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1737 of 2025 Petitioner :- Sanjay And 4 Others Respondent :- The State Of U.P. And Another Counsel for Petitioner :- Vijay Praksah 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:-
"(1) set aside the order dated 21.12.2024, passed by Addl. District & Sessions Judge, Ghaziabad in Criminal Revision No. 233 of 2024, computerised no. 234 of 2024 "Udai Veer and others Vs. Sudhir Kumar and another. (2) set aside the summoning order dated 02.02.2024 passed by Addl. Civil Judge (JD)/Judicial Magistrate, Court no. 2, Ghaziabad, in Complaint Case No. 1480 of 2023 "Sudhir Kumar versus Sanjai and others" under section 323, 504, I.P.C., Police Station Teela Mode, District-Ghaziabad."
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 02.02.2024. Being aggrieved with order dated 02.02.2024, petitioners preferred revision which was also rejected vide order dated 21.12.2024 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.)/Judicial Magistrate, Court no. 2, Ghaziabad/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case No. 1480 of 2023 (Sudhir Kumar versus Sanjai and others) under section 323, 504, I.P.C., Police Station Teela Mode, District-Ghaziabad, 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. 1480 of 2023, 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