Disposed

Kamla Joshi and 2 Others v. State of U.P. and Another

Allahabad HC13 Aug 2024CRLA/3516/2024

Case brief

AI extract

What is this about?

A Criminal Appeal regarding the quashing of a summoning order under the SC/ST Act and IPC was disposed of. The High Court did not rule on the merits but directed the trial court to expedite the proceedings within 12 months and restrained coercive action against the appellants during pendency.

What did the court decide?

No coercive action shall be taken against the appellants till the disposal of the complaint proceedings.

Kamla Joshi and 2 Others vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131489

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3516 of 2024

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Appellant :- Kamla Joshi And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Vinay Kumar Singh Chandel Counsel for Respondent :- Ajay Singh Yadav,G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Vinay Kumar Singh Chandel, learned counsel for appellants and Sri Ajay Singh Yadav, learned counsel for respondent no.2 as well as learned AGA.

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The instant appeal has been filed for seeking quashing of the summoning order dated 19.02.2024 passed by Special Judge, (SC/ST Act)/Additional Session Judge, Ghaziabad in Complaint Case No. 26 of 2022, (Vijay Kumar Vs. Shankar Dutt Joshi and others), under Section 323, 427 IPC and Section 3(1)Da, 3(1)Dha of SC/ST Act, P.S. Vijay Nagar, District Ghaziabad.

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Learned counsel for appellants submitted that as per the prosecution case the opposite party no. 2 was assaulted by the accused persons on 15.07.2021 and 15.10.2021. It is stated that no such incident was took place and due to ulterior motive, the appellants have been implicated in the instant criminal case. Learned counsel for appellants further submitted that the concerned court without considering the facts and circumstances of the case, in a routine manner, summoned the appellants which is totally illegal and arbitrary. Only to bring the case under the ambit of SC/ST Act, false allegations have been leveled against the appellants and as such the impugned summoning order is liable to be set aside.

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Per contra, learned counsel for opposite party no. 2 as well as learned AGA opposed the prayer as made in the 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

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proceedings of Complaint Case No. 26 of 2022, (Vijay Kumar Vs. Shankar Dutt Joshi and others), under Section 323, 427 IPC and Section 3(1)Da, 3(1)Dha of SC/ST Act, P.S. Vijay Nagar, District Ghaziabad, 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.

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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 complaint case.

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However, it is made clear that till the disposal of the proceedings of the aforementioned complaint case, no coercive action shall be taken up against the appellants herein.

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The instant appeal stands disposed of.

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Order Date :- 13.8.2024 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Kamla Joshi and 2 Others v. State of U.P. and Another

Case brief

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Kamla Joshi and 2 Others v. State of U.P. and Another

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