Neutral Citation No. - 2025:AHC:30455 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2125 of 2025 Petitioner :- Anil Kumar Jain Alias Anil Jain Respondent :- State of U.P. and Another Counsel for Petitioner :- Rudra Pratap Pandey,Vidhu Bhushan Singh Counsel for Respondent :- G.A.,Vinod Singh Hon'ble Saurabh Srivastava,J. 1. Heard Sri Vidhu Bhushan Singh, learned counsel for petitioner, Sri Vinod Singh, learned counsel for respondent no. 2 and learned AGA for the State. 2. Present petition has been preferred with the following prayers:- "i) to set aside the order dated 20.07.2024 passed in Criminal Revision no. 122 of 2023 (Anil Jain vs. State of U.P. and another) passed by learned Additional Sessions Judge, Court no. 3, Azamgarh. ii) to set aside the summoning order dated 15.07.2019 passed in Criminal Case No. 361 of 2018 (Manish Goel vs. Anil Jain) passed by learned Chief Judicial Magistrate, Azamgarh. iii) to set aside the Non-Bailable warrant dated 06.01.2025 issued against the petitioner in Case no. 9097 of 2019 pending in the court of Chief Judicial Magistrate, Azamgarh." 3. It is the case of the petitioner that opposite party no. 2 preferred an application under Section 156(3) Cr.P.C. against petitioner and another co-accused before the court concerned and in pursuance to the same FIR was lodged wherein after investigation, final report was submitted in favour of the petitioner before learned Chief Judicial Magistrate, Azamgarh. Thereafter, opposite party no. 2 preferred protest petition against the said charge sheet and learned Chief Judicial Magistrate, Azamgarh without considering the investigation, allowed the protest petition and summoned the petitioner and other co-accused under sections 419, 420 and 506 IPC by means of order dated 15.07.2019. Being aggrieved with the order dated 15.07.2019, petitioner preferred a criminal revision before the court concerned but the same was also rejected vide order dated 20.07.2024 passed by learned Additional District and Sessions Judge, Court no. 3, Azamgarh which has been challenged through the instant petition. 4. Learned counsel for the petitioner submitted that from perusal of order dated 20.07.2024, it transpires that specific stand with regard to delay in filing the application under Section 156(3) Cr.P.C. has been taken up by the petitioner but the same has not been properly dealt and considered by the court considered and hence the impugned orders are liable to be quashed and set aside. 5. It is also submitted that against petitioner non-bailable warrant dated 06.01.2025 has already been issued by learned Chief Judicial Magistrate, Azamgarh in the present case. 6. Per contra, Sri Vinod Singh, learned counsel for respondent no. 2 and learned AGA for the State vehemently opposed the prayer sought through the instant petition. 7. Be that as it may, no useful purpose will be served in keeping the matter pending by way of calling counter affidavit and rejoinder affidavit by the parties and as such, without interfering into the merits of the matter, if there is no other legal impediment, learned Chief Judicial Magistrate, Azamgarh is hereby directed to proceed with Case no. 9097 of 2019 (State vs. Anil) and expedite and finalize it, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a 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. 8. However, it is made clear that the petitioner will be at liberty to appear before the court concerned through his counsel except on some specific dates, if required and mandated as per law for ensuring his personal presence before the Court. 9. Non-bailable warranted dated 06.01.2025 issued against petitioner in Case no. 9097 of 2019 is hereby set aside. 10. The instant petition is hereby disposed of accordingly. Order Date :- 4.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad