Disposed

Praveen Gambhir and 6 Others v. State of Up and Another

Allahabad HC14 Aug 2024A227/1305/2024

Case brief

AI extract

What is this about?

In a Matter under Article 227, the Allahabad High Court quashed a quashing petition regarding complaint case no. 3840 of 2020. Instead of quashing, the Court adjourned proceedings, directed the trial court to finalize the case within 12 months, and restrained coercive action against petitioners 1 to 4.

What did the court decide?

Respectfully, the trial court is directed to expedite and finalize the proceedings within 12 months. In the interim, no coercive action shall be initiated against petitioners 1 to 4.

Praveen Gambhir and 6 Others vs State of Up and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:167523

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 1305 of 2024

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Petitioner :- Praveen Gambhir And 6 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Gaurav Kakkar Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Gaurav Kakkar, learned counsel for the petitioners, Sri Dileep Mishra, learned counsel for respondent no. 2 and learned AGA for the State.

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The instant petition has been preferred with following prayer:

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"(i) issue a writ, order or direction in the nature of certiorari to quash the entire proceedings of Complaint Case no. 3840 of 2020 under sections 420, 467, 468 and 471 IPC, Police Station- Kotwali Shahar, District Bijnor pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court no. 9 Bijnor.

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(ii) issue a writ, order or direction in the nature of certiorari to quash the order dated 17.04.2023 passed by learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court no. 9, Bijnor, by means of which the court below has illegally passed the order thereby summoning the petitioners for the offence under sections 420, 467, 468 and 471 IPC and order dated 16.08.2023 passed by learned Additional Sessions Judge/F.T.C. Court no. 2, Bijnor by means of which the court below/revisional court has failed to consider the grounds mentioned in the memo of revision and the same has been illegally and arbitrarily rejected by the Revisional Court."

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Learned counsel for the petitioners pressed all the grounds whatsoever has been taken through the instant petition through which, it has been apprised that there is hardly any attraction of sections in which the petitioners have been summoned and all these grounds have not been taken into consideration while passing the order dated 17.04.2023. Learned counsel for petitioners further submitted that the revisional court has also repeated the same illegality while passing the impugned order dated 16.08.2023 through which revision preferred by petitioners challenging the order dated 17.04.2023, has been rejected. 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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Sri Dileep Mishra, learned counsel for respondent no. 2 and learned AGA for the State vehemently opposed the prayer sought through the instant appeal.

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Be that as it may, no useful purpose shall be served by way of giving time for exchange of counter and rejoinder affidavit and keeping the matter pending before this Court and as such, learned Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court no. 9, Bijnor/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 3840 of 2020 under sections 420, 467, 468 and 471 IPC, Police Station- Kotwali Shahar, District Bijnor, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of 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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Learned counsel for petitioners assures on behalf of the petitioners that they will fully cooperate with the learned trial court concerned for expeditious disposal of the said complaint case and he also assures on behalf of petitioners that they will ensure their presence as and when required by learned concerned court.

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However, it is made clear that till the pendency of the above mentioned complaint case no coercive action shall be initiated against the petitioner nos. 1 to 4 only. It is also made clear that order made above is confined to petitioner nos. 1 to 4 only.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 21.10.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Praveen Gambhir and 6 Others v. State of Up and Another

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Praveen Gambhir and 6 Others v. State of Up and Another

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