Disposed

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

Allahabad HC14 Aug 2024CRLA/2322/2024

Case brief

AI extract

What is this about?

This court disposed of a criminal appeal against a summons order. It directed the trial court to proceed and expedite the trial within a year, while ensuring no coercive action is taken pending the final disposal. Counsel were heard, but the matter was not decided on merits.

What did the court decide?

Direction to trial court to proceed and finalize trial within a year; no coercive action till disposal.

Prempal and Another vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132297

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2322 of 2024

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Appellant :- Prempal And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Nagendra Kumar Singh Counsel for Respondent :- G.A.,Mahendra Singh

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Hon'ble Saurabh Srivastava,J.

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Counter affidavit preferred on behalf of the opposite party no.2 after serving copy of the same upon learned counsel for the appellant is taken on record.

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Heard Sri Nagendra Kumar Singh, learned counsel for the appellants, Sri Mahendra 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 preferred to set-aside the order dated 02.11.2023 passed by learned Additional District and Session Judge/Special Judge, SC/ST (PA) Act, Budaun in S.S.T. No.2440 of 2023 (Puran Lal vs. Prem Pal and Another), whereby the appellants have been summoned under sections 354, 504 I.P.C. and sections 3(1)dha of SC/ST Act.

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Learned counsel for the appellants 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 02.11.2023.

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Per contra, learned A.G.A. and learned counsel for the respondent no.2 opposed the prayer sought through the instant 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 shall be served by way of giving time for exchange of pleadings and keeping the matter pending before this Court.

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In view of the aforesaid facts and circumstances, learned Additional District and Session Judge/Special Judge, SC/ST (PA)

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Act, Budaun is hereby directed to proceed with S.S.T. No.2440 of 2023 (Puran Lal vs. Prem Pal and Another), P.S. Jarifnagar, District- Budaun and expedite and finalize it 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.

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Both the parties assured 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 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 :- 14.8.2024 Saif

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

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

Case brief

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

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