Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67117 (ALL)

PRITHIVI RAJ SINGH v. State of UP AND ANOTHER

A227/7149/2024 · 2025-02-06

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:17198 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 7149 of 2024 Petitioner :- Prithivi Raj Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- G.A.,Hemant Shukla,Pramod Kumar Pandey Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner and learned AGA for the State. 2. The instant petition has been preferred with a prayer to quash the order dated 08.05.2024 passed by learned Additional District Judge, Court No.4, Ghaziabad in Criminal Revision No.750 of 2023 (Prithvi Raj Singh Vs. State of U.P. and another) as well as order dated 29.08.2023 passed by learned court of Judicial Magistrate, Ghaziabad in Misc. Case No.60 of 2023 (Atar Singh Vs. Ratan Singh and others). 3. Learned counsel for petitioner submitted that over the application under Section 156(3) Cr.P.C. preferred at the behest of respondent no.2, an FIR was registered against petitioner herein including two others in pursuance of alleged incident dated 02.03.2023 bearing Case Crime No.207 of 2023, under Sections 447, 448, 386, 427, 504, 506 IPC, wherein after conduction of detailed investigation, the concerned Investigating Officer submitted final report on dated 16.05.2023. Being aggrieved with submission of final report, respondent no.2 preferred protest petition before the concerned court which was treated as complaint case and petitioner herein was summoned vide order dated 29.08.2023. Learned counsel for petitioner pressed all the grounds whatsoever have 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 29.08.2023. Learned counsel for petitioner further submitted that the revisional court has also repeated the same illegality while passing the impugned order dated 08.05.2024 through which revision preferred by petitioner challenging the order dated 29.08.2023, has been rejected. Learned counsel for petitioner further contended that both the orders passed by the courts concerned, are against the weight of evidence and as such, the same may be quashed. 4. Per contra, learned AGA for the State vehemently opposed the prayer sought through the instant petition on the ground that both the impugned orders have been passed after considering the material available on record which are just and proper. 5. Be that as it may, no useful purpose will be served in keeping the matter pending by way of calling counter affidavit and rejoinder affidavit by the parties and as such, learned Judicial Magistrate, Ghaziabad is hereby directed to expedite and finalize the proceedings of Misc. Case No.60 of 2023 (Atar Singh Vs. Ratan Singh and others), as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a 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. Learned counsel for petitioner assures on behalf of the petitioner that he will fully cooperate with the learned trial court concerned for expeditious disposal of the said case. 7. However, it is made clear that till the pendency of the above mentioned complaint case, no coercive action shall be initiated against the petitioner herein. 8. The instant appeal is hereby disposed of accordingly. Order Date :- 6.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad