AHMAD ALI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
CRLA/7549/2024 · 2025-02-12
Saurabh Srivastava
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 81965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81965 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21088 Court No. - 79 Case :- CRIMINAL APPEAL No. - 7549 of 2024 Appellant :- Ahmad Ali And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Bijay Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the appellants and learned AGA for the State. 2. In pursuance to order dated 30.09.2024, notice has already been served upon respondent no. 2. In spite of service of notice, none appeared on behalf of respondent no. 2 either in person or through counsel and as such, no option left but to consider the prayer as made in the appeal on the basis of documents available on record. 3. The instant appeal has been preferred for challenging the summoning order issued on dated 04.03.2024 passed by Special Judge, SC/ST Act, Mirzapur as well as entire proceeding of Complaint Case No. 157 of 2023 (Smt. Rajji Devi Vs. Ahmad Ali and Others) under Sections 323, 504 I.P.C. and 3(1)(da), 3(1)(dha) of SC/ST Act, Police Station Jigna, District Mirzapur. 4. Learned counsel 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 appellants have been summoned and all these grounds have not been taken into consideration while passing the order dated 04.03.2024. 5. Learned AGA vehemently opposed the prayer sought through the instant appeal. 6. 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. 7. In view of the aforesaid facts and circumstances, learned Court of Special Judge, SC/ST Act, Mirzapur is hereby directed to proceed with Complaint Case No. 157 of 2023 (Smt. Rajji Devi
Vs. Ahmad Ali and Others) under Sections 323, 504 I.P.C. and 3(1) (da), 3(1)(dha) of SC/ST Act, Police Station Jigna, District Mirzapur and expedite and finalize it 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. 8. The personal appearance of the appellants shall be ensured on the specific dates as and when warranted by learned court itself by way of intimating specific dates to learned counsel/appellants mandatory as per law.
Learned counsel for appellants assures on behalf of the appellants that they will fully cooperate with the learned trial court concerned for expeditious disposal of the said complaint case. 9. However, it is made clear that till the pendency of the above mentioned complaint case no coercive action shall be initiated against the appellants. 10. The instant appeal is hereby disposed of accordingly. Order Date :- 13.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad