Disposed

Asgar and 4 Others v. State of Up and Another

Allahabad HC3 Jul 2024CRLA/3956/2024

Case brief

AI extract

What is this about?

Criminal appeal against a summoning order under Sections 323, 147, 354 IPC and Section 3(1)dha SC/ST Act in a complaint case. Court declined to decide on merits, directed trial court to conclude proceedings within 12 months and restrained coercive action against appellants pending trial.

What did the court decide?

Expedited trial within 12 months; no coercive action against appellants during pendency of complaint case.

Asgar and 4 Others vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149455

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3956 of 2024

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Appellant :- Asgar And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Kumar,Vijai Kumar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the appellants and learned AGA for the State. Despite service of notice, no one appeared on behalf of respondent no.2 even in the revised call.

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On the earlier occasion, learned AGA indicated one criminal history against the appellant which has been explained through supplementary affidavit wherein it has been mentioned that appellant is on bail in that case but no date or bail order has been annexed with the supplementary affidavit.

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Considering the averment made in the supplementary affidavit, it is presumed that appellant is on bail in the case which has been indicated as criminal history against him.

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The instant appeal has been preferred with a prayer to quash the summoning order dated 04.09.2023 passed by learned Additional Sessions Judge/ Special Judge, SC/ST Act, Gorakhpur in Complaint Case No.119 of 2021 (Anju Devi Vs. Asgar and others) whereby appellant nos.1, 3, 4 and 5 have been summoned under Section 323, 147 IPC and Section 3(1)dha of SC/ST Act and appellant no.2 summoned under Section 323, 147, 354 IPC and Section 3(1)dha of SC/ST Act, P.S. Khajani, District Gorakhpur.

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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 09.09.2023.

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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

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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.119 of 2021 (Anju Devi Vs. Asgar and others), 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 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 :- 12.9.2024 Vivek Kr.

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

Asgar and 4 Others v. State of Up and Another

Case brief

What is this about?

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Asgar and 4 Others v. State of Up and Another

Case brief

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