Disposed

Mohammad Aslam v. State of U.P. and Another

Allahabad HC21 Oct 2024A227/4179/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad directed the Judicial Magistrate, Aligarh to expeditiously decide the pending complaint case within 12 months while preventing coercive action against the petitioner until disposal.

What did the court decide?

Directed the Judicial Magistrate to decide the complaint within 12 months and restrained coercive action against the petitioner until disposal of the case.

Mohammad Aslam vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:167352

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 4179 of 2024

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Petitioner :- Mohammad Aslam Respondent :- State of U.P. and Another Counsel for Petitioner :- Satish Kumar Tyagi Counsel for Respondent :- Aftab Alam,G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Satish Kumar Tyagi, learned counsel for the petitioner, Sri Aftab Alam, learned counsel for the respondent no.2 and learned A.G.A. for the State.

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The instant petition under Article 227 of the Constitution of India has been preferred for challenging the order dated 29.03.2023 passed by learned Judicial Magistrate, Court No.3, Aligarh in Complaint Case No.1954 of 2022 (Dr. Jahangir Chauhan vs. Mohammad Aslam), Police Station Civil Lines, District Aligarh, through which petitioner has been summoned under section 500 I.P.C. as well as order dated 12.02.2024 passed by learned Additional Sessions Judge, Court No.11, Aligarh in Criminal Revision No.398 of 2023, through which order dated 29.03.2023 has been upheld.

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Learned counsel for the petitioner 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 petitioner has been summoned and all these grounds have not been taken into consideration while passing the impugned orders dated 29.03.2023 and 12.02.2024.

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Per contra, learned A.G.A. and learned counsel for respondent no.2 opposed the prayer as made in the petition on the ground that summoning order has been passed after considering the material available on record.

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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 affidavits and keeping the matter pending before this Court.

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In view of the above facts and circumstances of the case, learned court of Judicial Magistrate, Aligarh is hereby directed to

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proceed with Complaint Case No.1954 of 2022 (Dr. Jahangir Chauhan vs. Mohammad Aslam), Police Station Civil Lines, District Aligarh and decide the same as expeditiously as possible, preferably within a period of 12 months from the date of production of certified copy of this order by way of giving proper opportunity of hearing to all the concerns.

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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 petitioner, but at the same time it is also made clear that the petitioner shall ensure his presence 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 :- 21.10.2024 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Mohammad Aslam v. State of U.P. and Another

Case brief

What is this about?

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Mohammad Aslam v. State of U.P. and Another

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