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2025 DAILYLAW 26488 (ALL)

MASIULLAH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A227/2268/2025 · 2025-03-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33834 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2268 of 2025 Petitioner :- Masiullah And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Saukat Jamal,Shahroze Khan 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) set aside the order dated 04.08.2022 passed by the Judicial Magistrate, Siddharth Nagar in Complaint Case no. 85 of 2020 (Salahuddin vs. Masiullah and others) Police Station-Lotan, District Siddharth Nagar, whereby the petitioners have been summoned under sections 323, 504, 506, 392, 427 IPC and the order dated 05.02.2024 passed by the District and Sessions Judge, Siddharth Nagar, whereby the Criminal Revision no. 92 of 2023 filed by the petitioners was dismissed. (ii) Issue a direction to the learned Judicial Magistrate, Siddharth Nagar, not to take any coercive step against the petitioners." 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 04.08.2022. Being aggrieved with order dated 04.08.2022, petitioners preferred revision which was also rejected vide order dated 05.02.2024 which has been challenged through the instant petition. It is also submitted by learned counsel for the petitioners that since a civil dispute is already pending between the parties and the instant matter is nothing but to create pressure upon the petitioners and dragging them into unwarranted criminal litigation. 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, Siddharth Nagar/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 85 of 2020 (Salahuddin vs. Masiullah and others) Police Station-Lotan, District Siddharth Nagar, 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.85 of 2020 no coercive action shall be initiated against the petitioners. 8. The instant petition is hereby disposed of accordingly. Order Date :- 7.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad