SHAMBHU NATH AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/7020/2016 · 2025-04-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48368 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48368 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50830 Court No. - 74 Case :- APPLICATION U/S 482 No. - 7020 of 2016 Applicant :- Shambhu Nath And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- Anadi Krishna Narayana,G.A.,Neeharika Sinha Narayana Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and the learned AGA. 2. The instant 482 application has been preferred with a prayer to allow the application and quash the criminal proceedings in Criminal Complaint Case No.2053 of 2015 (Anjani Kumar Srivastava vs. Shambhu Nath Srivastava) under Sections 147, 504, 379, 427 IPC, Police Station Shivpur District Varanasi pending in the court of Additional Chief Judicial Magistrate, Court No.6, Varanasi including the summoning order dated 22.1.2016 passed by learned Additional Chief Judicial Magistrate, Court No.6, Varanasi. 3. Learned counsel pressed all the grounds whatsoever has been taken through the instant 482 application through which, it has been apprised that there is hardly any attraction of sections in which the applicants have been summoned vide order dated
22.1.2016. 4. Learned AGA for the State vehemently opposed the prayer sought through the instant application. 5. Learned Court of Additional Chief Judicial Magistrate, Court No.6, Varanasi is hereby directed to proceed with Criminal Complaint Case No.2053 of 2015 (Anjani Kumar Srivastava vs. Shambhu Nath Srivastava) under Sections 147, 504, 379, 427 IPC, Police Station Shivpur District Varanasi by way of disposing the same as expeditiously as possible preferably within a period of 8 months from the date of production of certified copy of this order after due opportunity extended to all concerned. 6. However, it is made clear that no unnecessary adjournment shall be sought during pendency of the aforesaid complaint case unless the same is unavoidable, it is also made clear that all the applicants are hereby permitted to appear before the learned court concerned through their counsel, if in any case, as per the mandate of law, the
personal appearance is required on any specific date, the same shall be informed through the learned counsel appearing for the applicants before the learned court concerned. 7. However, it is made clear that till the pendency of the above mentioned complaint case no coercive action shall be initiated against the applicants. 8. The instant A-482 application is hereby disposed of accordingly.
Order Date :- 8.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad