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2025 DAILYLAW 89801 (ALL)

QAMAR KHAN AND ANOTHER v. State of UP AND ANOTHER

A227/10496/2024 · 2025-01-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10527 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 10496 of 2024 Petitioner :- Qamar Khan And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Mirza Ali Zulfaqar Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Mirza Ali Zulfaqar, learned counsel for the petitioners and learned A.G.A. for the State. 2. The instant petition has been preferred to set-aside the combined order dated 10.07.204 passed by learned Additional Session Judge, Court No.1, Rampur in Criminal Revision No.143 of 2021 (Farzand Ali Vs. Qamar Khan and Others) & Criminal Revision No.301 of 2022 (Qamar Khan Vs. State of U.P. and Others) arising out of Case No.7787 of 2017, under sections 323, 504, 506 I.P.C., P.S. Bilaspur, District- Rampur. 3. Factual matrix of the matter derives that initially an F.I.R. has been lodged at the behest of police personnel, wherein vehicle of the petitioner has been seized and the commodities carried over the same has been confiscated, during pendency of the Case Crime No.395 of 2017, vehicle in question has been released in favour of respondent no.2 and the commodities were also released in favour of one Junaid vide order dated 23.09.2017 and the same is still pending to be adjudicated finally by learned concerned court. 4. In the subsequent event, certain dispute has been arisen between petitioners and respondent no.2, wherein both the petitioners have been summoned vide order dated 06.10.2021 in pursuance to sections 323, 504, 506 I.P.C. 5. Being aggrieved with the order dated 06.10.2021, petitioners along with respondent no.2 preferred criminal revisions separately, whereupon Criminal Revision No.301 of 2022 has been preferred at the behest of petitioners and Criminal Revision No.143 of 2021 has been preferred at the behest of respondent no.2 and both were decided with the common order dated 10.07.2024, through which criminal revision preferred at the behest of petitioners was dismissed and criminal revision preferred at the behest of respondent no.2 was considered with certain observations and remitted back the matter for enhancement of certain sections as prayed by respondent no.2. 6. So far as regarding Criminal Revision No.301 of 2022 is concerned, which was preferred at the behest of petitioners, there is hardly any infirmity available and as such learned court concerned is hereby directed to proceed with the Complaint Case No.7787 of 2017 (Farzand Ali Vs. Kamar Khan and Others) and decided 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 affording proper opportunity of hearing as available at law, without extension of unnecessary adjournment unless the same is unavoidable. 7. However, it is made clear that till the disposal of Complaint Case No.7787 of 2017, no coercive action shall be initiated against the petitioners. 8. Hence, this petition stands disposed of accordingly. Order Date :- 21.1.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad