Allahabad High Court
Ashok Singh And 3 Others vs State Of U.P. And Another on 5 November, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:173288
Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 5103 of 2016
Petitioner :- Ashok Singh And 3 Others
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Ali Hasan,Istiyaq Ali
Counsel for Respondent :- G.A.,Narendra Deo Shukla,Rajendra Prasad Tripathi
Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. The instant petition has been preferred with the following prayer:-
"(i) to set aside the impugned judgment and order dated 17.5.2016 (Annexure no. 7) passed by learned Additional Sessions Judge, Court no. 2, Jaunpur in Criminal Revision No. 367 of 2014 (Narendra Bahadur and others vs. State of U.P. and another) and judgement and order dated 30.10.2014 (Annexure no. 5) passed by learned Additional Chief Judicial Magistrate, IInd, Court no. 13, Jaunpur in Criminal Complaint Case no. 807 of 2013 Lal Bahadur vs. Narendra Bahadur and others under sections 323, 504, 506, 452 IPC, Police Station Newadia, District Jaunpur to this petition.
(ii) to direct the courts below not to give effect the impugned judgment and order dated 17.5.2016 (Annexure no. 7) passed by the learned Additional Sessions Judge, Court no. 2, Jaunpur in Criminal Revision no. 367 of 2014 (Narendra Bahadur and others vs. State of U.P. and another) and judgment and order dated 30.10.2014 (Annexure no. 5) passed by learned Additional Chief Judicial Magistrate, IInd, Court no. 13, Jaunpur in Criminal Complaint Case no. 807 of 2013 (Lal Bahadur vs. Narendra Bahadur and others) under sections 323, 504, 506, 452 IPC of Police Station Newadia, District Jaunpur to this petition."
3. Learned counsel for petitioners submitted that respondent no. 2 filed Criminal Complaint no. 807 of 2013 against the petitioners before the court of learned Additional Chief Judicial Magistrate, IInd, Court no. 13, Jaunpur who vide order dated 30.10.2014 took cognizance under sections 190 (i)(a) of Cr.P.C. and petitioners were summoned for facing trial for offence under sections 323, 504, 506, 452 IPC. Being aggrieved with the said judgment dated 30.10.2014, petitioners preferred revision before learned District and Sessions Judge, Jaunpur but the same was dismissed vide order dated 17.05.2016 passed by learned Additional Sessions Judge, Court no. 2, Jaunpur which has been challenged through the instant petition.
4. Learned counsel for petitioners further contended that both the orders passed by the courts concerned, are against the weight of evidence and as such, the same may be quashed.
5. Per contra, learned AGA for the State vehemently opposed the prayer sought through the instant petition on the ground that both the impugned orders have been passed after considering the material available on record which are just and proper.
6. Be that as it may, no useful purpose will be served in keeping the matter pending and as such, learned Additional Chief Judicial Magistrate, IInd, Court no. 13, Jaunpur/concerned court is hereby directed to expedite and finalize the proceedings of Criminal Complaint No.807 of 2013, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a 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.
7. However, it is made clear that no coercive action shall be taken against the petitioners till the disposal of the aforesaid complaint case.
8. The instant petition is hereby disposed of accordingly.
Order Date :- 5.11.2024
Shaswat
