Ramnath Prasad And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 36817 ALL

Allahabad High Court

Ramnath Prasad And 3 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:175624
 
Court No. - 85
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10974 of 2024
 

 
Petitioner :- Ramnath Prasad And 3 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Chandra Prakash Misra,Prakash Sharma
 
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:-

"(i) Issue direction call for record of the learned court and set aside the order dated 5.3.2020 passed by C.J.M Kushinagar in Complaint Case no. 845 of 2017 (Subhash Kushwaha vs. Pawan Prasad & others), under sections 323, 379, 504, 506 IPC, P.S.-Khadda District-Kushinagar and order dated 8.9.2023 passed by Session Judge, Kushinagar at Padrauna in Revision no. 102 of 2023 (Ramnath Prasad vs. State of U.P. and others) and allow the present petition with cost throughout for the ends of justice."

3. Learned counsel for petitioners submitted that respondent no. 2 filed a complaint case against the petitioners and on the said application learned Chief Judicial Magistrate, Kushinagar who vide order dated 05.03.2020 took cognizance and petitioners were summoned for facing trial for offence under sections 323, 379, 504, 506 IPC. Being aggrieved with the said judgment dated 05.03.2020, petitioners preferred revision before learned District and Sessions Judge, Kushinagar but the same was dismissed vide order dated 08.09.2023 passed by learned District and Sessions Judge, Kushinagar 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 Chief Judicial Magistrate, Kushinagar /concerned court is hereby directed to expedite and finalize the proceedings of Complaint No.845 of 2017, 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.845 of 2017.

8. The instant petition is hereby disposed of accordingly.

Order Date :- 8.11.2024

Shaswat