Disposed

Ram Saran and Another v. State of U.P. and Another

Allahabad HC25 Jul 2024CRLA/2032/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal appeal against a summoning order under the SC/ST Act and IPC. Directing the lower court to expeditious disposal, the Court held that postponing the matter for affidavit exchange would serve no useful purpose while ensuring no coercive action against appellants pending the underlying case.

What did the court decide?

Criminal appeal disposed of; no coercive action against appellants till pendency of underlying complaint case.

Ram Saran 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:120533

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2032 of 2024

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Appellant :- Ram Saran And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Suresh Dhar Dwivedi Counsel for Respondent :- Ashish Singh,G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Suresh Dhar Dwivedi, learned counsel for the appellant and learned AGA for the State.

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Although appearance has been made by Sri Ashish Singh as learned counsel for opposite party no. 2 but even in revised call none appeared on behalf of opposite party no. 2.

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The instant appeal has been preferred with a prayer to quash/stay the entire proceeding as well as summoning order dated 15.01.2024 passed by learned Additional Session Judge/Special Judge (SC/ST Act), Court no. 2, Shahjahanpur in Complaint Case No. 103 of 2021 (Reena Vs. Ram Saran and others) under Sections 323, 504 IPC and Section 3(1)da SC/ST Act, Police Station Kalan, District Shahjahanpur pending in the court of Special Judge (SC/ST Act) Court no. 2, Shahjahanpur.

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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 15.01.2024.

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Learned AGA for the State vehemently opposed the prayer sought through the instant appeal.

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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 affidavit and keeping the matter pending before this Court and as such, learned Court of Special Judge (SC/ST Act) Court no. 2, Shahjahanpur is hereby directed to proceed with Complaint Case No. 103 of 2021 (Reena Vs. Ram Saran and others) under Sections 323, 504 IPC and Section 3(1)da SC/ST Act, Police Station Kalan, District

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Shahjahanpur to expedite and finalize Complaint Case No. 103 of 2021 (Reena Vs. Ram Saran and others) preferably within a year from the date of presentation of certified copy of this order before him without granting any unnecessary adjournment to either of the parties, but after giving full opportunity of hearing to both sides.

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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 pendency of the above mentioned complaint case no coercive action shall be initiated against the appellants.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 25.7.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Ram Saran and Another v. State of U.P. and Another

Case brief

What is this about?

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Ram Saran and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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