Disposed

Devnath Pal and 7 Others v. State of U.P. and Another

Allahabad HC29 Jul 2024CRLA/3666/2024

Case brief

AI extract

What is this about?

In an appeal to quash a summoning order under Sections 323, 504 IPC and Section 3(2)(5Ka) of the SC/ST Act, the Court declined to adjudicate merits due to procedural prejudice. It directed the trial court to expedite proceedings within 12 months and restrained coercive action against appellants until disposal.

What did the court decide?

Litigation time-limit fixed for the trial court to expedite disposal; coercive action stayed pending.

Devnath Pal and 7 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:122296

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3666 of 2024

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Appellant :- Devnath Pal And 7 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Rama Shanker Mishra Counsel for Respondent :- Akhlendra Pratap Singh,Deleep Kumar Chaudhari,G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Rama Shanker Mishra, learned counsel for the appellants and Sri Akhlendra Pratap Singh, learned counsel for respondent no.2 as well as learned AGA for the State.

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The instant appeal has been preferred with a prayer to quash the summoning order dated 13.02.2024 passed learned Special Judge, SC/ST Act, Kaushambi in Complaint Case No.172 of 2021 (Suresh Chandra Vs. Devnath Pal and others), under Section 323, 504 IPC and Section 3(2)5Ka of SC/ST Act, P.S. Kokhraj, District Kaushambi.

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Learned counsel for appellants 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 appellants have been summoned and all these grounds have not been taken into consideration while passing the order dated 13.02.2024.

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Per contra, learned counsel for respondents 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 Complaint Case No.172 of 2021 (Suresh Chandra Vs. Devnath Pal and others), under Section 323, 504 IPC and Section 3(2)5Ka of SC/ST Act, P.S. Kokhraj, District Kaushambi, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a certified copy of this

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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 complaint case no coercive action shall be initiated against the appellants 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

Devnath Pal and 7 Others v. State of U.P. and Another

Case brief

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Devnath Pal and 7 Others v. State of U.P. and Another

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