Disposed

Munna @ Munnalal and 5 Others v. State of Up and Another

Allahabad HC10 Dec 2024A227/6857/2024

Case brief

AI extract

What is this about?

Petition under Article 227 challenged summoning of petitioners in a complaint case and the revisional order upholding it. The High Court did not disturb the orders but directed expeditious trial within twelve months and that no coercive action be taken against petitioners pending disposal, subject to their presence when required.

What did the court decide?

Trial directed to conclude complaint within 12 months; no coercive action against petitioners pending disposal, subject to their appearance as required.

Munna @ Munnalal and 5 Others vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:193006

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 6857 of 2024

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Petitioner :- Munna @ Munnalal And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Chandra Bhan Kushwaha Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard 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 12.05.2022 passed by learned First Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Budaun in Complaint Case No.2695 of 2018 (Neeraj Vs. Munna and Others), through which petitioners have been summoned under sections 452, 323, 504 I.P.C. as well as order dated 20.04.2024 passed by learned Additional Session Judge/Special Judge (E.C. Act), Budaun in Criminal Revision No.199 of 2023 (Munna and Others vs. State of U.P. and Another), through which order dated 12.05.2022 has been upheld.

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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 impugned orders dated 12.05.2022 and 20.04.2024.

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Per contra, learned A.G.A. 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 First Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Budaun/court concerned is hereby

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directed to proceed with Complaint Case No.2695 of 2018 (Neeraj Vs. Munna and Others) 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 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 :- 10.12.2024 Saif

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

Munna @ Munnalal and 5 Others v. State of Up and Another

Case brief

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Munna @ Munnalal and 5 Others v. State of Up and Another

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