Disposed

Ashu and Another v. State of U.P. and Another

Allahabad HC15 Jul 2024CRLA/1715/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a criminal appeal challenging a summoning order. The court directed the trial court to expedite proceedings under Section 323, 427, 504, 506 IPC and SC/ST Act within 12 months and stayed coercive actions against appellants.

What did the court decide?

Allowed the prayer to expedite trial proceedings within 12 months; stay on coercive action against appellants.

Ashu and Another vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:113244

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1715 of 2024

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Appellant :- Ashu And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Mishra Counsel for Respondent :- Amit Kumar Singh,G.A.,Km Astha

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the appellants, learned counsel for the respondent no.2 and learned A.G.A. for the State.

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The instant appeal has been filed for seeking quashing of the summoning order dated 07.10.2023 passed by Special Judge (SC/ST Act), Court No.2, Etawah in Complaint Case No.1590 of 2022, (Omveer vs. Ashu & Another), under Section 323, 427, 504, 506 I.P.C. and Sections 3(1)(RS), 3(2)(5a) of SC/ST Act, P.S. Pachchaygaon, District- Etawah.

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Learned counsel pressed all the grounds whatsoever has been taken through the instant criminal appeal through which, it has been apprised that there is hardly any attraction of sections in which the appellants have been summoned and all these grounds have not been taken into consideration while passing the order dated 07.10.2023.

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Per contra, learned counsel for respondent no.2 as well as learned A.G.A. opposed the prayer as made in the appeal 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 will be served in keeping the matter pending by way of calling counter affidavit and rejoinder affidavit by the parties and as such, learned court concerned is hereby directed to expedite and finalize the proceedings of Complaint Case No.1590 of 2022, (Omveer vs. Ashu & Another), under Section 323, 427, 504, 506 I.P.C. and Sections 3(1)(RS), 3(2)(5a) of SC/ST Act, P.S. Pachchaygaon, District- Etawah, 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.

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Learned counsel for appellants assures on behalf of the appellants that they will fully cooperate with the learned trial court concerned for expeditious disposal of the said complaint case.

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However, it is made clear that till the disposal of the proceedings of the aforementioned complaint case, no coercive action shall be taken up against the appellants herein.

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The instant appeal stands disposed of .

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Order Date :- 15.7.2024 Saif

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

Ashu and Another v. State of U.P. and Another

Case brief

What is this about?

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Ashu and Another v. State of U.P. and Another

Case brief

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