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2025 DAILYLAW 28728 (ALL)

DEEN MOHD. AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A227/2405/2025 · 2025-03-11

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36844 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2405 of 2025 Petitioner :- Deen Mohd. And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Adesh Kumar,Akhileshwar Pratap Singh 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:- ".. to set aside the impugned judgment and order dated 17.01.2025 passed by learned Additional District & Session Judge, Court no. 15, Agra in Criminal Revisin no. 566 of 2024 (Deen Mohd. & ors. vs. State of U.P. & anr.) as well as summoning order dated 02.05.2024 passed by learned Chief Judicial Magistrate, Court no. 2, Agra in Criminal Case no. 16966 of 2023 (Smt. Gulshan vs. Deen Mohd. & ors.) Police Station Malpura, District Agra." 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 02.05.2024. Being aggrieved with order dated 02.05.2024, petitioners 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 Chief Judicial Magistrate, Court no. 2, Agra /concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 16966 of 2023 (Smt. Gulshan vs. Deen Mohd. & ors.) Police Station Malpura, District Agra, 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. 16966 of 2023 no coercive action shall be initiated against the petitioners. 8. 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