RAJNI ALIAS SWEETY AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A227/2194/2025 · 2025-03-04
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26482 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26482 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31211 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2194 of 2025 Petitioner :- Rajni Alias Sweety And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Radhey Shyam Yadav Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. The instant petition under Article 227 of the Constitution of India has been preferred for challenging the order dated 09.07.2024 passed by learned Additional Civil Judge (Senior Division), Farrukhabad in Complaint Case No.6361 of 2024 (Beena Saxena vs. Rajni @ Sweety and Others), through which petitioners have been summoned under sections 452, 323, 504 I.P.C. as well as order dated 23.01.2025 passed by learned Session Judge, Farrukhabad in Criminal Revision No.156 of 2024 (Rajni @ Sweety and Others vs. State of U.P. and Another), through which order dated 09.07.2024 has been upheld. 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 impugned orders dated 09.07.2024 and 23.01.2025. 4. Per contra, learned A.G.A. opposed the prayer as made in the petition on the ground that summoning order has been passed after considering the material available on record. 5. Be that as it may, no useful purpose shall be served by way of giving time for exchange of counter and rejoinder affidavits and keeping the matter pending before this Court. Since the matter is hereby directed to proceed by the concerned court/Magistrate, the provision for issuing notices to the private respondents is hereby dispensed with. 6. In view of the above facts and circumstances of the case,
learned court concerned is hereby directed to proceed with Complaint Case No.6361 of 2024 (Beena Saxena vs. Rajni @ Sweety and Others) and decide the same as expeditiously as possible, preferably within a period of 12 months from the date of production of certified copy of this order by way of giving proper opportunity of hearing to all the concerns. 7.
Both the parties are hereby directed to extend their full co- operation to learned concerned court for receiving directions as made above and at the same time, it is also requested to learned concerned court for not extending unnecessary adjournment to any of the parties. 8. However, it is made clear that till the disposal of abovementioned complaint case, no coercive action shall be initiated against the petitioners, but at the same time it is also made clear that the petitioners shall ensure their presence in person before learned concerned court as and when it requires, except petitioner no.2, who is an old lady aged about 69 years, will be at liberty to ensure her presence through counsel. 9. The instant petition stands disposed of accordingly. Order Date :- 5.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad