PRAKASH NARAYAN UPADHYAY AND 3 OTHERS v. State of UP AND ANOTHER
A227/8920/2024 · 2025-01-21
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77063 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77063 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:9387 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 8920 of 2024 Petitioner :- Prakash Narayan Upadhyay And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Neeraj Kumar Pandey Counsel for Respondent :- Amit Kumar Rai,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Amit Kumar Rai, learned counsel for the respondent no.2. 2. The instant petition under Article 227 of the Constitution of India has been preferred for challenging the order dated 03.06.2022 passed by learned Judicial Magistrate-II, Bhadohi at Gyanpur in Complaint Case No.3302 of 2020 (Hausila Prasad vs. Prakash Narayan Upadhyay and Others), through which all the petitioners have been summoned under sections 419 I.P.C., which has been challenged through application under section 195 Cr.P.C. preferred at the behest of petitioners and the same was dismissed vide order dated 29.09.2023 as well as order dated 23.05.2024 passed by learned Session Judge, Bhadohi in Criminal Revision No.202 of 2023 (Prakash Narayan Upadhyay and Others vs. State of U.P. and Another), through which order dated 29.09.2023 has been upheld. 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 impugned orders dated 03.06.2022, 29.09.2023 and
23.05.2024. 4. Per contra, learned A.G.A. and learned counsel for respondent no.2 opposed the prayer as made in the petition on the ground that summoning order has been passed after considering the material available on record. 5. 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. 6. In view of the above facts and circumstances of the case, learned Judicial Magistrate-II, Bhadohi at Gyanpur/court concerned is hereby directed to proceed with Complaint Case No.3302 of 2020 (Hausila Prasad vs. Prakash Narayan Upadhyay and Others) and decide the same as expeditiously as possible, preferably within a period of 12 months from the date of production of certified copy of this order by way of giving proper opportunity of hearing to all the concerns. 7.
Both the parties are hereby directed to extend their full co- operation to learned concerned court for receiving directions as made above and at the same time, it is also requested to learned concerned court for not extending unnecessary adjournment to any of the parties. 8. However, it is made clear that till the disposal of abovementioned complaint case, no coercive action shall be initiated against the petitioners, but at the same time it is also made clear that the petitioners shall ensure their presence before learned concerned court as and when it requires. 9. The instant petition stands disposed of accordingly. Order Date :- 21.1.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad