Disposed

Geeta Devi and 2 Others v. State of U.P. and Another

Allahabad HC18 Jul 2024CRLA/2101/2024

Case brief

AI extract

What is this about?

Criminal Appeal arising from a summoning order under SC/ST Act and IPC. The High Court rejected the quashing prayer, directed the trial court to finalize proceedings within 12 months without adjournments, averted coercive action against appellants pending disposal, and disposed of the appeal.

What did the court decide?

Appeal disposed; no coercive action pending disposal; trial to be completed within 12 months.

Geeta Devi and 2 Others vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114464

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2101 of 2024 Appellant :- Geeta Devi And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Nikhil Saxena Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Rajiv Upadhyay, learned Counsel holding brief of Sri Nikhil Saxena, learned counsel for appellants and learned AGA for the State.

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The instant appeal has been filed for seeking quashing of the summoning order dated 08.06.2023 passed by Special Judge, SC/ST Act, IInd Additional District and Session Judge, Farrukhabad in Complaint Case No. 15 of 2023, (Mihilal Vs. Shailendra Chaturvedi and others), under Section 323, 386 IPC and Section 3(1)Da, 3(1)Dha of SC/ST Act, P.S. Shamshabad, District Farrukhabad.

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Learned counsel for appellants submitted that this matter pertains to a civil dispute regarding which civil proceedings is pending and only to make pressure upon the appellants, respondent no.2 filed complaint against the appellants wherein appellants were summoned by the impugned order. Learned counsel for appellants further submitted that appellants are innocent and have been falsely implicated in the present case.

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Per contra, learned AGA 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. 15 of 2023, (Mihilal Vs. Shailendra Chaturvedi and others), under Section 323, 386 IPC and Section 3(1)Da, 3(1)Dha of SC/ST Act, P.S. Shamshabad, District Farrukhabad, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a

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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 :- 18.7.2024 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Geeta Devi and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Geeta Devi and 2 Others v. State of U.P. and Another

Case brief

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