Disposed

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

Allahabad HC2 Aug 2024CRLA/3147/2024

Case brief

AI extract

What is this about?

Criminal appeal challenging a summoning order under IPC sections 323, 504, 506 and Section 3(2)5A of the SC/ST Act in a complaint case at Agra; interim protection already granted earlier. Court disposed of the appeal directing expeditious trial within one year and no coercive action till disposal.

What did the court decide?

No coercive action against appellants till disposal of complaint case; trial court to conclude trial within a year.

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

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Neutral Citation No. - 2024:AHC:124965

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3147 of 2024

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Appellant :- Leeladhar And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Kuldeep Singh Chahar,Mohit Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Kuldeep Singh, learned counsel for the appellants and learned A.G.A. for the State.

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Although notices have been served upon respondent no.2 vide order dated 26.04.2024 while granted interim protection in favour of the appellants by co-ordinate Bench of this Court, but in spite of the same, none appeared on behalf of the respondent no.2 till today, either in person or through counsel.

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The instant appeal has been preferred for challenging the order dated 14.07.2023 passed by learned Special Judge, SC/ST Act, Agra in Complaint Case No.67 of 2021 (Vyapari vs. Leeladhar and Others), P.S. Pinahat, District- Agra, whereby the appellants have been summoned under Sections 323, 504, 506 I.P.C. and Section 3(2)5A 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 14.07.2023.

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Learned A.G.A. 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, since the consideration has already been made by co-ordinate Bench of this Court by way of granting interim protection in favour of the appellants, which shall be applicable till the disposal of the

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complaint case.

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In view of the aforesaid facts and circumstances, learned Special Judge, SC/ST Act, Agra is hereby directed to proceed with Complaint Case No.67 of 2021 (Vyapari vs. Leeladhar and Others), under Sections 323, 504, 506 I.P.C. and Section 3(2)5A of SC/ST Act, P.S. Pinahat, District- Agra 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 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 :- 2.8.2024 Saif

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

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

Case brief

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

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