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Neutral Citation No. - 2025:AHC:36625 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2436 of 2025 Petitioner :- Chhatrapal Respondent :- State of U.P. and Another Counsel for Petitioner :- Ganesh Mani,Raghvendra 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:-
"I. Issue a direction in suitable nature to set aside the impugned order dated 21.08.2023 passed by learned Court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court no. 6, Budaun in Complaint Case no. 6 of 2023 (Jitendra vs. Sanjay) as well as impugned order dated 15.01.2025 passed by learned court of Additional District and Session Judge/F.T.C. Budaun in Criminal Revision no. 160 of 2024 (Chhatrapal vs. State of U.P. and another) by which both the court concerned passed order against the petitioner.."
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 21.08.2023. Being aggrieved with order dated 21.08.2023, petitioner preferred revision which was also rejected vide order dated 15.01.2025 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 Additional Civil Judge (J.D.)/Judicial Magistrate, Court no. 6, Budaun/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 6 of 2023 (Jitendra vs. Sanjay), 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.6 of 2023 no coercive action shall be initiated against the petitioner.
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