Disposed

Shyam Sunder Agrawal and 2 Others v. State of Up and Another

Allahabad HC21 Oct 2024A227/5045/2024

Case brief

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What is this about?

The Allahabad High Court disposed of a writ petition under Article 227 challenging an order that issued notices against petitioners in a criminal revision. The court directed the lower court to proceed with the order while requiring petitioners to appear through counsel.

What did the court decide?

Direction to lower court to proceed with notice issuance order; direction to petitioners to appear through counsel.

Shyam Sunder Agrawal and 2 Others vs State… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:167090

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 5045 of 2024

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Petitioner :- Shyam Sunder Agrawal And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Srivastava Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Rajesh Srivastava, learned counsel for the petitioners 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 06.12.2023 passed by learned court of Incharge Sessions Judge/Additional Session Judge, FTC-41, Kanpur Nagar in Criminal Revision No.423 of 2023 (M/s. Shiv Transport and Another vs. M/s. Adjoin Healthcare and Others), through which only notices have been issued against the petitioners.

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It is the case of the petitioners that vide order dated 06.12.2023 notices have been issued to the petitioners, since the complaint case preferred at the behest of respondent no.2 has already been dismissed vide order dated 04.08.2023 by learned court of Additional Session Judge (Junior Division), Kanpur Nagar in Complaint Case No.48748 of 2023, by which respondent no.2 being aggrieved and the same was challenged in Criminal Revision No.423 of 2023, wherein order dated 06.12.2023 has been passed, which impugned the present petition.

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The order impugned is having only order to issue notices against the petitioners.

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Learned counsel for the petitioners submitted that the only order through which notices have been issued will create lot of problems for the petitioners to appear again and again since they being the Directors of the Company situation at Ahmedabad, Gujarat and the matter will be proceeded by learned court of District and Sessions Judge, Kanpur Nagar.

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In view of the aforementioned facts and circumstances of the case, learned court of Session Judge, Kanpur Nagar is hereby

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directed to proceed with order dated 06.12.2023, at the same time all the petitioners are hereby directed to put their appearance through counsel.

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The 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

Shyam Sunder Agrawal and 2 Others v. State of Up and Another

Case brief

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Shyam Sunder Agrawal and 2 Others v. State of Up and Another

Case brief

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