Disposed

Julfikar and 2 Others v. State of U.P. and Another

Allahabad HC6 Sept 2024CRLA/4550/2024

Case brief

AI extract

What is this about?

The Court disposed of the criminal appeal challenging the summoning order in a complaint case under Section 323 IPC and Section 3(1)(d)(ii) of the SC/ST Act. Instead of quashing the order, the Court directed the trial court to expedite the proceedings and dispose of the case within 12 months, ensuring no coercive action was taken against the appellants during the pendency.

What did the court decide?

Appeal disposed of; trial court directed to finalize proceedings within 12 months; no coercive action against appellants till pendency.

Julfikar and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:153527

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 4550 of 2024

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Appellant :- Julfikar And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Jaideep Pandey Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Jaideep Pandey, learned counsel for the appellants and learned AGA for the State. Despite service of notice, no one appeared on behalf of respondent no.2.

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The instant appeal has been preferred with a prayer to quash the summoning order dated 07.02.2024 passed by learned Additional District and Sessions Judge/Special Judge, SC/ST Act, Moradabad in Complaint Case No.18 of 2022 (Chhatrapal Singh Vs. Julfikar and others), under Section 323 IPC and Section 3(1)dh of SC/ST Act, P.S. Bhojpur, District Moradabad.

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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 07.02.2024.

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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 available on record.

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Be that as it may, no useful purpose will be served in keeping the matter pending on the behest of non appearance of respondent no.2 and as such, learned court concerned is hereby directed to expedite and finalize the proceedings of Complaint Case No.18 of 2022 (Chhatrapal Singh Vs. Julfikar and others), under Section 323 IPC and Section 3(1)dh of SC/ST Act, P.S. Bhojpur, District Moradabad, 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

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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 :- 20.9.2024 Vivek Kr.

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

Julfikar and 2 Others v. State of U.P. and Another

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Julfikar and 2 Others v. State of U.P. and Another

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