Disposed

Pappu and Another v. State of Up Others

Allahabad HC23 Aug 2024CRLA/234/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a criminal appeal seeking to set aside a summons order under the SC/ST Act and IPC. The Court directed the trial court to expedite and finalize the special complaint case within a year and directed no coercive action against appellants until disposal.

What did the court decide?

Directed the Special Judge to expedite and finalize the complaint case within a year; no coercive action against appellants until disposal.

Pappu and Another vs State of Up Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:135962

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 234 of 2024

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Appellant :- Pappu And Another Respondent :- State Of Up Others Counsel for Appellant :- Devesh Kumar Sharma Counsel for Respondent :- Alok Kumar Srivastava,G.A.,Yogesh Kumar

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Devesh Kumar Sharma, learned counsel for the appellants, Sri Yogesh Kumar, 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 05.12.2023 passed by learned Special Judge, SC/ST (PA) Act, Mathura in Special Complaint Case No.90 of 2023 (Satendra v. Pappu and Others), P.S. Kotwali, District- Mathura, whereby the appellants have been summoned under sections 323, 504, 506, 406 I.P.C. and sections 3(1)(r), (s) 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 05.12.2023.

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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 counter and rejoinder affidavits and keeping the matter pending before this Court.

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In view of the aforesaid facts and circumstances, learned Special Judge, SC/ST (PA) Act, Mathura is hereby directed to proceed with Special Complaint Case No.90 of 2023 (Satendra v. Pappu and Others), P.S. Kotwali, District- Mathura and expedite and finalize it preferably within a year from the date of presentation of

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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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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 :- 23.8.2024 Saif

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

Pappu and Another v. State of Up Others

Case brief

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Pappu and Another v. State of Up Others

Case brief

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