Dismissed

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

Allahabad HC10 Sept 2024CRLA/4038/2024

Case brief

AI extract

What is this about?

Appeal against summons order dismissed. Court directed the Special Judge to dispose of the underlying complaint case expeditiously within 12 months, forbidding unnecessary adjournments but ensuring hearing opportunities, while coercive action against appellants remains suspended pending disposal.

What did the court decide?

Directed trial court to finalize proceedings within 12 months; suspended coercive action against appellants during pendency.

Sushila and Another vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:158268

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 4038 of 2024

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Appellant :- Sushila And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Ashish Srivastava Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Although notice has been served upon opposite party no. 2 but none appeared either in person or through counsel.

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Heard Sri Ashish Srivastava, learned counsel for the appellants and learned AGA for the State.

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The instant appeal has been preferred with a prayer to set aside the impugned order dated 16.12.2023 passed by learned Special Judge, SC/ST Act, Meerut in Complaint Case no. 23 of 2023, CNR no. UPME010156732023, (Amita Singh vs. Sukhveer Singh & others) under sections 452, 323, 504 IPC & 3(2)(va) of SC/ST Act, PS- Medical, District Meerut.

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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 16.12.2023.

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Learned AGA for the State 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 keeping the matter pending before this Court at the behest of nonappearance of opposite party no. 2 and as such, learned Court of Special Judge (SC/ST Act), Meerut is hereby directed to expedite and finalize the proceedings of Complaint Case no. 23 of 2023, CNR no. UPME010156732023, (Amita Singh vs. Sukhveer Singh & others) under sections 452, 323, 504 IPC & 3(2)(va) of SC/ST Act, PS- Medical, District Meerut, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of certified copy of this order before him without

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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 complaint case and he also assures on behalf of appellants that they will ensure their presence as and when required by learned concerned court.

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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.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 24.9.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

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

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

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