Smt. Veenesh Kumari And 2 Others vs State Of U.P. And Another
2024 Latest Caselaw 36816 ALL

Allahabad High Court

Smt. Veenesh Kumari And 2 Others vs State Of U.P. And Another on 8 November, 2024

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:175748
 
Court No. - 85
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10629 of 2024
 

 
Petitioner :- Smt. Veenesh Kumari And 2 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Puneet Bhadauria
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard learned counsel for the parties.

2. The instant petition has been preferred with the following prayer:-

"(a) set aside the summoning order dated 30.08.2022 passed by Additional Chief Judicial Magistrate, Court No. 4, Etawah passed in Complaint Case no. 555 of 2022 (Smt. Rekha Devi Vs. Smt. Vinesh Kumari and others) PS-Bakewar, District Etawah wherein applicants have been summoned under sections 323 & 504 IPC.

b. set aside the order 21.01.2023 passed by Sessions Judge, Etawah passed in Criminal Revision No. 166 of 2022 (Smt. Sunita Vs. Rekha and others)."

3. Learned counsel for petitioners submitted that respondent no. 2 filed an application under Section 156 Cr.P.C against the petitioners and after treating the same as complaint case, learned Additional Chief Judicial Magistrate, Court no. 4, Etawah vide order dated 30.08.2022 took cognizance and petitioners were summoned for facing trial for offence under sections 323, 504 IPC. Being aggrieved with the said judgment dated 30.08.2022, petitioners preferred revision before learned Sessions Judge, Etawah but the same was dismissed vide order dated 21.01.2023 passed by learned Sessions Judge, Etawah 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, Court no. 4, Etawah/concerned court is hereby directed to expedite and finalize the proceedings of Complaint No.555 of 2022, 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 No.555 of 2022.

8. The instant petition is hereby disposed of accordingly.

Order Date :- 8.11.2024

Shaswat