Disposed

Virendra Yadav @ Vicky v. State of U.P. and Another

Allahabad HC15 Jul 2024CRLA/1987/2024

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court disposed of the petition seeking quashing of a summoning order. While noting no useful purpose in awaiting counter affidavits, the Court directed the trial court to expedite the complaint case proceedings within 12 months and granted a stay on coercive action against the appellant.

What did the court decide?

Direction to trial court to expedite proceedings within 12 months and stay on coercive action against appellant.

Virendra Yadav @ Vicky vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:112818

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1987 of 2024

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Appellant :- Virendra Yadav @ Vicky Respondent :- State of U.P. and Another Counsel for Appellant :- Hemant Kumar Counsel for Respondent :- G.A.,Sudarshan Singh

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Hemant Kumar, learned counsel for the appellant, Sri Anurag Pandey, Advocate holding brief of Sri Sudarshan Singh, 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 30.01.2024 passed by learned Special Judge (SC/ST Act), Chandauli in Complaint Case No.68 of 2023, (Sunil Kumar vs. Sunita Devi and Others), under Sections 323, 504, 506 I.P.C. and Section 3(1)(r) of SC/ST Act, P.S. Alinagar, District- Chandauli.

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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 appellant has been summoned and all these grounds have not been taken into consideration while passing the order dated 30.01.2024.

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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.68 of 2023, (Sunil Kumar vs. Sunita Devi and Others), under Sections 323, 504, 506 I.P.C. and Section 3(1)(r) of SC/ST Act, P.S. Alinagar, District- Chandauli, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a certified copy of this order

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before him without granting any unnecessary adjournment to either of the parties.

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Learned counsel for appellant 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 appellant 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

Virendra Yadav @ Vicky v. State of U.P. and Another

Case brief

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Virendra Yadav @ Vicky v. State of U.P. and Another

Case brief

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