Allahabad High Court
Arun Alias Annu Agrawal And 2 Others vs State Of U.P. And Another on 1 October, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:162203
Court No. - 83
Case :- CRIMINAL APPEAL No. - 7299 of 2024
Appellant :- Arun Alias Annu Agrawal And 2 Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Satya Prakash Shukla
Counsel for Respondent :- Akhilesh Kumar Yadav,G.A.
Hon'ble Saurabh Srivastava,J.
1. Heard Sri Satya Prakash Shukla, learned counsel for appellant and Sri Akhilesh Kumar Yadav, learned counsel for opposite party no. 2 and learned AGA for the State.
2. The instant appeal has been preferred with a prayer to set aside the order dated 04.05.2024 passed by learned Special Judge (SC/ST) Act, Sonbhadra as well as entire proceedings of Warrant and Summon Cases no. 183 of 2023 (Krishnawati Vs. Arun @ Annu Agrawal and others) under sections 323, 504, 506 IPC and Section 3(1)(g), 3(2)(va) of SC/ST Act, Police Station - Ghorawal, District- Sonbhadra pending in the court of learned Special Judge (SC/ST) Act, Sonbhadra. It is further prayed to stay the proceedings of Warrant and Summon Case no. 183 of 2023.
3. Prima facie the grounds have been taken up by learned counsel for appellant on the basis of the judgment rendered by co-ordinate Bench of this Court in Case of Soni Devi Vs. State of U.P. and 10 others decided on 07.04.2022 reported in 2022 0 Supreme (All) 192 that learned court of Special Judge is having no power while entertaining the application under Section 156(3) Cr.P.C for converting into Complaint Case under Section 200/202 Cr.P.C.
4. Learned counsel for opposite party no. 2 vehemently opposed the same by way of submitting that the judgment dated 07.04.2022 has already been overruled by Division Bench of this Court in case of Naresh Kumar Valmiki Vs. State of U.P and others decided on 17.10.2022 reported in 2022 12 ADJ 598 .
5. Although the stand taken up by learned counsel appearing on behalf of opposite party no. 2 is legally justified but considering the matter which has been arising out of order dated 04.05.2024 passed by learned court of Special Judge, SC/ST Act, Sonbhadra through which appellant has been summoned in pursuance to sections 323, 504, 506 IPC and 3(1)(g) and 3(2)(va) of SC/ST Act in Warrants and Summons Case no. 183 of 2023 (Kirshnawati vs. Arun @ Annu Agrawal and others), learned Special Judge, SC/ST Act, Sonbhadra is hereby directed to proceed with the same by way of disposing the said case as expeditiously as possible preferably within a period of 12 months after affording proper opportunity of hearing to all concerns but at the same time it is made clear that no unnecessary adjournment will be permitted to either of the parties. Both the parties are hereby requested to cooperate with the proceeding continued by learned court of Special Judge, SC/ST Act, Sonbhadra for achieving the directions as made above.
6. However, it is made clear that till disposal of the Warrants and Summons Case no. 183 of 2023 , no coercive action shall be initiated against the appellants but appellants will ensure their presence as and when required by learned court concerned.
7. The instant appeal is disposed of accordingly.
Order Date :- 1.10.2024
Shaswat
