SHAILENDRA PRATAP SINGH ALIAS SHILENDRA PRATAP SINGH v. STATE OF U.P. AND ANOTHER
A227/2165/2025 · 2025-03-04
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24149 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24149 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31581 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2165 of 2025 Petitioner :- Shailendra Pratap Singh Alias Shilendra Pratap Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Surendra Kumar Tripathi 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) call for the record of the court and set aside the impugned judgment and
order dated 08.01.2025 (Annexure no. 1) passed by learned Special Judge (E.C. Act)/Additional Sessions Judge, Court no. 04, Agra in Criminal Revision no. 808 of 2024 (Shailendra Pratap Singh @ Shilendra Pratap Singh vs. State of U.P. and others) under Section 438 of B.N.S.S. as well as summoning order 27.08.2024 (Annexure no. 2) passed by learned Judicial Magistrate/ Civil Judge (J.D.)/Fast Track Court, Court no. 01, Agra in Complaint Case no. 15 of 2017 (Pushpalata vs. Shailendra Pratap Singh @ Shilendra Pratap Singh) under Section 494 IPC, PS- Mahila Thana, District- Agra."
3. Learned counsel for the petitioner 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 petitioner has been summoned and all these grounds have not been taken into consideration while passing the
order dated 27.08.2024. Being aggrieved with order dated 27.08.2024, petitioner preferred revision which was also rejected vide order dated 08.01.2025 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, without interfering into the merits of the matter, if there is no other legal impediment, learned Court of Judicial Magistrate/ Civil Judge (J.D.)/Fast Track Court, Court no. 01, Agra/concerned court is
hereby directed to expedite and finalize the proceedings of Complaint Case no. 15 of 2017 (Pushpalata vs. Shailendra Pratap Singh @ Shilendra Pratap Singh) under Section 494 IPC, PS- Mahila Thana, District- Agra, 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.15 of 2017 no coercive action shall be initiated against the petitioner.
8. The instant petition is hereby disposed of accordingly.
Order Date :- 5.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad