Disposed

Jogesh Kumar @ Jugesh Singh and 2 Others v. State of Up and Another

Allahabad HC12 Dec 2024A227/12521/2024

Case brief

AI extract

What is this about?

Petitioner challenged impugned orders summoning him for offences under IPC. High Court declined quashing prayer but directed trial court to dispose of criminal complaint within 12 months without unnecessary delays.

What did the court decide?

Directed trial court to expedite and finalize criminal proceedings within 12 months without unnecessary adjournments. Prohibited coercive action against petitioners until disposal.

Jogesh Kumar @ Jugesh Singh and 2 Others vs State… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:195059

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 12521 of 2024

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Petitioner :- Jogesh Kumar @ Jugesh Singh And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the parties.

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

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"(i) Issue an order or direction in the nature to set aside the impugned orders dated 07.08.2024 passed by Additional Sessions Judge, Court No. 4, Etah in Criminal Revision No. 70 of 2024 arising out of order dated 21.12.2023 passed by the learned Chief Judicial Magistrate, Etah in W.S.C. No. 12994 of 2023 (Annexure No. 4 and 5) to the petition.

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(ii) Issue an order or direction in the nature to stay the effect and operation of the orders dated 07.08.2024 passed by Additional Sessions Judge, Court No. 4, Etah in Criminal Revision No. 70 of 2024 arising out of order dated 21.12.2023 passed by the learned Chief Judicial Magistrate, Etah in W.S.C. No. 12994 of 2023, in which the learned Magistrate summoned the petitioners for offence under Sections 452, 323, 504, 506 IPC, Police StationAwagarh, District-Etah."

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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 Chief Judicial Magistrate, Etah vide order dated 21.12.2023 took cognizance and petitioners were summoned for facing trial for offence under sections 452, 323, 504, 506 IPC. Being aggrieved with the said judgment dated 21.12.2023, petitioners preferred revision before learned Additional Sessions Judge, Court No. 4, Etah but the same was dismissed vide order dated 07.08.2024 passed by learned Additional Sessions Judge, Court No. 4, Etah which has been challenged through the instant petition.

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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.

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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.

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Be that as it may, no useful purpose will be served in keeping the matter pending and as such, learned Court of Chief Judicial Magistrate, Etah/concerned court is hereby directed to expedite and finalize the proceedings of criminal complaint case registered as W.S.C. No. 12994 of 2023 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.

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Both the parties are hereby directed to extend their full cooperation to learned concerned court for receiving directions as made above and at the same time, it is also requested to learned concerned court for not extending unnecessary adjournment to any of the parties.

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However, it is made clear that till the disposal of abovementioned complaint case, no coercive action shall be initiated against the petitioners, but at the same time it is also made clear that the petitioners shall ensure their presence in person before learned concerned court as and when it requires.

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The instant petition stands disposed of accordingly.

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Order Date :- 12.12.2024 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Jogesh Kumar @ Jugesh Singh and 2 Others v. State of Up and Another

Case brief

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Jogesh Kumar @ Jugesh Singh and 2 Others v. State of Up and Another

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