AJIT KUMAR GOUTAM @ GULSHAN AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A227/2408/2025 · 2025-03-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28063 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28063 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36827 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2408 of 2025 Petitioner :- Ajit Kumar Goutam @ Gulshan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawankumar Dubey Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. At the very outset, learned counsel for the petitioners prays to rectify the prayer since there is some typographical error. 2. Prayer as made is allowed. Necessary incorporation shall be carried out during course of the day. 3. Heard learned counsel for the parties. 4. The instant petition has been preferred with following prayers:-
"to set aside the impugned order dated 07.03.2024 passed in Criminal Complaint Case no. 1393 of 2024 (Old Complaint Case no. 18795 of 2024) (Sonali Kaushal vs. Ajit and others), under sections 452, 323, 504, 506 IPC, Police Station- Sadar Bazar, District- Shahjahanpur pending in the court of Additional Civil Judge (S.D.) Court no. 20, Shahjahanpur as well as order dated 18.01.2025 passed by learned Additional Sessions Judge, Court no. 5, Shahjahanpur in Criminal Revision no. 96 of 2024 and also to stay the proceeding of Criminal Complaint Case no. 1393 of 2024. "
5. 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 07.03.2024. Being aggrieved with order dated 07.03.2024, petitioners preferred revision which was also rejected vide order dated 18.01.2025 which has been challenged through the instant petition. 6. Learned AGA for the State vehemently opposed the prayer sought through the instant petition. 7. 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 Chief Judicial Magistrate, Court no. 14, Shahjahanpur/concerned court is hereby directed to expedite and finalize the proceedings of Criminal Complaint Case no. 1393 of 2024 (Old Complaint Case no.
18795 of 2024) (Sonali Kaushal vs. Ajit and others), under sections 452, 323, 504, 506 IPC, Police Station- Sadar Bazar, District- Shahjahanpur, 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. 8. 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. 9. However, it is made clear that till the disposal of the above mentioned Complaint Case no. 1393 of 2024 no coercive action shall be initiated against the petitioners. 10. The instant petition is hereby disposed of accordingly. Order Date :- 12.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad