Disposed

Rajbahadur and 4 Others v. State of U.P. and Another

Allahabad HC25 Jul 2024CRLA/3074/2024

Case brief

AI extract

What is this about?

This ordersheet records the disposal of an appeal against a summons order. The High Court provided no substantive judgment, holding that no useful purpose would be served by keeping the matter pending and directing the trial court to proceed expeditiously.

What did the court decide?

The appellant is not arrested or subjected to coercive action pending the trial; the Special Judge is directed to finalize the case within a year.

Rajbahadur and 4 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120530

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3074 of 2024

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Appellant :- Rajbahadur And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Chandra Prakash Garg Counsel for Respondent :- Digvijay Singh,G.A.,Rajesh Kumar Nishad

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Chandra Prakash Garg, learned counsel for the appellants, Sri Rajesh Kumar Nishad, learned counsel for opposite party no. 2 and learned AGA for the State.

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The instant appeal has been preferred against the judgment and order dated 29.08.2023 passed by Additional Session Judge/Special Judge (SC/ST Act), District Banda in Special Criminal Case No. 9/2022 (State Vs. Rajbahadur and others) under Sections 452, 504, 506 IPC and 3(2)(5a) of SC/ST Act, Police Station Jaspura, District Banda upon which summoning the appellants under Sections 452, 504, 506 IPC and 3(2)(5a) of SC/ST Act.

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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 29.08.2023.

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Sri Rajesh Kumar Nishad, learned counsel for opposite party no. 2 and 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 keeping the matter pending before this Court and as such, learned Court of Special Judge (SC/ST) Act, Banda is hereby directed to proceed with Special Criminal Case No. 9/2022 (State Vs. Rajbahadur and others) under Sections 452, 504, 506 IPC and 3(2) (5a) of SC/ST Act, Police Station Jaspura, District Banda to expedite and finalize Special Criminal Case No. 9/2022 (State Vs. Rajbahadur and others) preferably within a year from the date of

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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 case.

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However, it is made clear that till the pendency of the above mentioned Special Criminal Case no. 9/2022 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

Rajbahadur and 4 Others v. State of U.P. and Another

Case brief

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Rajbahadur and 4 Others v. State of U.P. and Another

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