Disposed

Krishnadutt Alias Mukhya v. State of U.P. and Another

Allahabad HC29 Jul 2024CRLA/3411/2024

Case brief

AI extract

What is this about?

This appeal sought quashing of a summoning order under criminal laws. Instead of hearing counter-affidavits, the court directed the trial court to expedite the proceedings to a 12-month timeline while prohibiting coercive actions against the appellant.

What did the court decide?

Trial court directed to expedite case finalization within 12 months; coercive action against appellant stayed.

Krishnadutt Alias Mukhya vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:122295

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3411 of 2024

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Appellant :- Krishnadutt Alias Mukhya Respondent :- State of U.P. and Another Counsel for Appellant :- Rajendra Prasad Pandey,Rakesh Kumar Pandey Counsel for Respondent :- G.A.,Kulashvar Sharma,Mrigank Shekhar Singh

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the appellant and learned AGA for the State. Although names of Sri Kulashvar Sharma and Sri Mrigank Shekhar Singh, learned counsel appearing on behalf of respondent no.2 are showing in the list but no one appeared even in the revised call.

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The instant appeal has been preferred with a prayer to quash the summoning order dated 13.10.2023 passed learned Additional Session Judge/Special Judge, SC/ST Act, Banda in Special Trial No.75 of 2023 (Sapna Devi Vs. Krishnadutt and others), arsing out Complaint Case No.88 of 2023, under Section 354, 452, 504, 506 IPC and Section 3(2)5A of SC/ST Act, P.S. Marka, District Banda.

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Learned counsel for appellant pressed all the grounds whatsoever have been taken through the instant criminal appeal through which, it has been apprised that there is hardly any attraction of sections in which the appellant has been summoned and all these grounds have not been taken into consideration while passing the order dated 13.10.2023.

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Per contra, learned AGA for the State vehemently 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 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 Special Trial No.75 of 2023 (Sapna Devi Vs. Krishnadutt and others), arsing out Complaint Case No.88 of 2023,

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under Section 354, 452, 504, 506 IPC and Section 3(2)5A of SC/ST Act, P.S. Marka, District Banda, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a 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 appellant assures on behalf of the appellant that he 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, case no coercive action shall be initiated against the appellant herein.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 29.7.2024 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Krishnadutt Alias Mukhya v. State of U.P. and Another

Case brief

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Krishnadutt Alias Mukhya v. State of U.P. and Another

Case brief

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What did the court decide?

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