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2025 DAILYLAW 71166 (ALL)

VIJAY TIWARI AND 5 OTHERS v. State of UP AND ANOTHER

A227/7704/2024 · 2025-01-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12387 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 7704 of 2024 Petitioner :- Vijay Tiwari And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Anupam Shyam Dwivedi,Smt. Richa Dixita,Sudhir Dixit Counsel for Respondent :- G.A.,Shishir Tandon Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred with following prayers:- "i. Issue an order or direction of suitable nature setting aside the entire proceedings of Criminal Complaint Case no. 735/2020 Smt. Basudha Sharma vs. Vijay Tiwari & others under Section 406 IPC, Police Station Sasni Gate, District Aligarh pending before the court of Ld. Additional Chief Judicial Magistrate, Court no. 1, Aligarh as well as the impugned summoning order dated 16.07.2022 passed by the court of Ld. Additional Chief Judicial Magistrate, Court no. 1, Aligarh in Criminal Complaint Case no. 735/2020 Smt. Basudha Sharma vs. Vijay Tiwari & others under Section 406 IPC, Police Station Sasni Gate, District Aligarh (Annexure no. 3 to this petition) and impugned judgment and order dated 16.05.2024 passed by court of Ld. Additional District & Sessions Judge, Court no. 17, Aligarh in Criminal Revision no. 415/2023 Vijay Tiwari & others vs. State of U.P. & Another (Annexure no. 5 to this petition)." 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 16.07.2022. Being aggrieved with the order dated 16.07.2022, petitioner preferred revision which was also rejected vide order dated 16.05.2024 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, learned Court of Additional Chief Judicial Magistrate, Court no. 1, Aligarh/concerned court is hereby directed to expedite and finalize the proceedings of Criminal Complaint Case no. 735 of 2020 (Smt. Basudha Sharma vs. Vijay Tiwari & others) Police Station- Sasni Gate, District- Aligarh, 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 made clear that the petitioners will be at liberty to appear before the court concerned through their counsels and their personal presence shall be applicable only for the specific dates as warranted in procedure. 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 also made clear that till the disposal of the above mentioned Criminal Complaint Case no. 735 of 2020 no coercive action shall be initiated against the petitioners. 8. The instant petition is hereby disposed of accordingly. Order Date :- 23.1.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad