Neutral Citation No. - 2025:AHC:71572 Court No. - 74 Case :- CRIMINAL APPEAL No. - 6028 of 2024 Appellant :- Subhash Respondent :- State of U.P. and Another Counsel for Appellant :- Raj Kumar Gautam Counsel for Respondent :- Abhilasha Singh,Ashutosh Yadav,G.A.,Shyam Lal Hon'ble Saurabh Srivastava,J. 1. Heard Sri Raj Kumar Gautam, learned counsel for the appellant and learned A.G.A. for the State. 2 Although notice has been served upon opposite party no. 2 but none appeared either in person or through counsel. 3. The instant appeal has been preferred against the summoning order dated 15.04.2023 passed by learned Special Judge SC/ST Act, Hathras, in Complaint Case No. 510 of 2022 (Smt. Mamta Devi Vs. Subhash and Others), under Sections 323, 504 of IPC and Section 3(1)(r), 3(1)(s) of SC/ST Act, [The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989], Police Station Hathras Gate, District Hathras. Further prayer has been made to stay the further proceeding of Complaint Case no. 510 of 2022. 4. Learned counsel for the appellant pressed all the grounds whatsoever has been taken through the instant criminal appeal through which, it has been apprised that there is hardly any attraction of sections in which the appellant has been summoned and all these grounds have not been taken into consideration while passing the order dated 15.04.2023. For seeking parity, learned counsel for appellant, relied upon order dated 27.11.2024 passed in case of co-accused of instant case crime number, by this Court in Criminal Appeal no. 5378 of 2024 (Sonu and another vs. State of U.P. and another). 5. Per contra, learned A.G.A. opposed the prayer as made in the appeal on the ground that summoning order has been passed after considering the material available on record. 6. Be that as it may, no useful purpose shall be served by way of giving time for exchange of counter and rejoinder affidavits and keeping the matter pending before this Court. 7. In view of the aforesaid facts and circumstances, learned Special Judge SC/ST Act, Hathras is hereby directed to proceed with Complaint Case No. 510 of 2022 (Smt. Mamta Devi Vs. Subhash and Others), under Sections 323, 504 of IPC and Section 3(1) (r)3(1)(s) of SC/ST Act, [The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989], Police Station Hathras Gate, District Hathras, without granting any unnecessary adjournment to either of the parties. 8. However, it is made clear that till the disposal of the proceedings of the aforementioned complaint case, no coercive action shall be taken up against the appellant herein. 9. The instant appeal stands disposed of. Order Date :- 5.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad