Disposed

Manoj Sharma v. State of U.P. and Another

Allahabad HC25 Jul 2024CRLA/4144/2024

Case brief

AI extract

What is this about?

The Court disposed of the criminal appeal by directing the Special Judge to expedite the trial proceedings and finalize the case within 12 months. The Court clarified that no coercive action shall be initiated against the appellant until the pendency of the trial.

What did the court decide?

Trial court directed to finalize proceedings within 12 months; no coercive action against appellant during trial pendency.

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

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Neutral Citation No. - 2024:AHC:163177

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 4144 of 2024

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Appellant :- Manoj Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Deepak Singh Patel,Mohd Shamim Khan,Shadab Ansari Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Sri Kuldeep Kumar Gupta, learned counsel for opposite party no. 2 preferred vakalatnama which is taken on record.

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Heard learned counsel for the appellant, Sri Kuldeep Kumar Gupta, learned counsel for opposite party no. 2 and learned AGA for the State.

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The instant appeal has been preferred with a prayer to set aside the summoning order dated 20.01.2024 passed by learned Special Judge (SC/ST Act), Kannauj as well as entire proceedings of Case no. 541 of 2023 (Roopa Diwakar vs. Manoj Sharma and others) under sections 323, 504 IPC and section 3(1)(r) of SC/ST Act, 1989, Police Station- Kotwali, District Kannauj pending in the court of learned Special Judge (SC/ST Act), Kannauj. It is also prayed to stay the further proceeding of Complaint Case no. 541 of 2023.

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Learned counsel for the appellant 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 appellant has been summoned and all these grounds have not been taken into consideration while passing the order dated 20.01.2024.

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Sri Kuldeep Kumar Gupta, learned counsel for opposite party no. 2 and 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 giving time for exchange of counter and rejoinder affidavit and keeping the matter pending before this Court and as such, learned Court of Special Judge (SC/ST Act), Kannauj is hereby directed to

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expedite and finalize the proceedings of Case no. 541 of 2023 (Roopa Diwakar vs. Manoj Sharma and others) under sections 323, 504 IPC and section 3(1)(r) of SC/ST Act, 1989, Police StationKotwali, District Kannauj, 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 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 appellant will fully cooperate with the learned trial court concerned for expeditious disposal of the said case and he also assures on behalf of appellant that appellant will ensure his 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 Case no. 541 of 2023 no coercive action shall be initiated against the appellant.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 4.10.2024 Shaswat

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

Manoj Sharma v. State of U.P. and Another

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Manoj Sharma v. State of U.P. and Another

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