Neutral Citation No. - 2025:AHC:21079 Court No. - 79 Case :- CRIMINAL APPEAL No. - 8560 of 2024 Appellant :- Nayan Kamal Agarwal Respondent :- State of U.P. and Another Counsel for Appellant :- Parvez Alam,Raj Narayan 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 25.11.2024, 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 as well as assistance rendered by learned counsel for the appellant. 3. The instant appeal has been preferred for challenging the summoning order dated 03.01.2024 passed by Special Judge, SC/ST Act, Hathras as well as entire proceeding of Complaint Case No. 788 of 2022 (Dr. Kailash Chandra Vs. Nayan Kamal Agarwal) under Sections 504, 506 I.P.C. and 3(2)(5A) of SC/ST Act, Police Station Mursan, District Hathras. 4. The instant matter pertains to service matter wherein appellant is rendering his services as a 'clerk' and the informant is the 'Principal' of the institution, who misuses the power which has been vest with the Head of the institution which culminated into filing of application under section 156(3) Cr.P.C. which was registered as a complaint case, wherein the appellant has been summoned vide order dated 03.01.2024 in pursuance to Sections 504, 506 I.P.C. and 3(2)(5A) of SC/ST Act. 5. Learned AGA vehemently opposed the prayer sought through the instant appeal. 6. No fruitful purpose shall be served by way of inviting counter and rejoinder affidavit once none took interest to appear on behalf of respondent no. 2. 7. In view of the aforesaid facts and circumstances, learned Court of Special Judge, SC/ST Act, Hathras is hereby directed to proceed with trial in pursuance to order dated 15.11.2022 in Complaint Case No. 788 of 2022 (Dr. Kailash Chandra Vs. Nayan Kamal Agarwal) under Sections 504, 506 I.P.C. and 3(2)(5A) of SC/ST Act, Police Station Mursan, District Hathras, and decide 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, but after giving full opportunity of hearing to both sides. 8. 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. 9. However, it is made clear that till the pendency of the above mentioned complaint case no coercive action shall be initiated against the appellant. 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