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2025 DAILYLAW 27365 (ALL)

MOHAMMAD YUNUS v. STATE OF U.P. AND ANOTHER

A227/2317/2025 · 2025-03-09

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35106 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2317 of 2025 Petitioner :- Mohammad Yunus Respondent :- State of U.P. and Another Counsel for Petitioner :- Shoab Qumar Khan Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Mr. Shoab Qumar Khan, learned counsel for petitioner and Sri Vinod Singh, learned counsel for respondent no. 2 and learned AGA for the State. 2. The instant petition has been preferred with following prayers:- "(A) To quash the impugned order dated 17.01.2025 passed by Additional Session Judge, Court no. 1, Rampur in Criminal Revision no. 224 of 2023 (Mohd. Yunus and others Smt. Tabassum) and order dated 10.10.2023 passed by learned Civil Judge (S.D.)/F.T.C., Rampur in Complaint Case no. 352 of 2023 (registered no. 4771/2023) (Smt. Tabassum vs. Mohd. Yunus and others) under sections 376D, 506 IPC, Police Station-Bhot, District Rampur. (B) to stay the effect and operation of the impugned order dated 17.01.2025 passed by Additional Session Judge, Court no. 1, Rampur in Criminal Revision no. 224 of 2023 (Mohd. Yunus and others vs. Smt. Tabassum) and order dated 10.10.2023 passed by learned Civil Judge (S.D.)/F.T.C., Rampur in complaint case no. 352 of 2023 (registered no. 4771/2023) (Smt. Tabassum vs. Mohd. Yunus and others) under sections 376D, 506 IPC, Police Station Bhot, District- Rampur." 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 10.10.2023. Being aggrieved with order dated 10.10.2023, petitioner preferred revision which was also rejected vide order dated 17.01.2025 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 Civil Judge (S.D.)/F.T.C., Rampur /concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 352 of 2023 (registered no. 4771/2023) (Smt. Tabassum vs. Mohd. Yunus and others) under sections 376D, 506 IPC, Police Station-Bhot, District Rampur, 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. 352 of 2023 no coercive action shall be initiated against the petitioner. 8. The instant petition is hereby disposed of accordingly. Order Date :- 10.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad