Disposed

Pradeep Kumar and 6 Others v. State of U.P. and Another

Allahabad HC5 Jul 2024CRLA/4925/2024

Case brief

AI extract

What is this about?

This is an appeal against a summoning order in an SC/ST (Prevention of Atrocities) Act case. The high court directed the trial court to expedite the proceedings without adjournments and directed that no coercive action be initiated against the appellants till the disposal of the complaint case. The appeal was disposed of accordingly.

What did the court decide?

Directed the trial court to expedite the case within a year; no coercive action against appellants till disposal.

Pradeep Kumar and 6 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:136946

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 4925 of 2024

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Appellant :- Pradeep Kumar And 6 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ashok Kumar Singh,Pratibha Singh 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 A.G.A. for the State.

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Even after service of notice, none appeared on behalf of opposite party no.2 either in person or through counsel.

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The instant appeal has been preferred to set-aside the order dated 02.04.2024 passed by learned Special Judge, SC/ST (PA) Act, Jaunpur in Complaint Case No.110 of 2021 (Rajnarayan vs. Nandlal Yadav and Others), P.S. Madiyahun, District- Jaunpur, whereby the appellants have been summoned under sections 147, 323, 504 I.P.C. and sections 3(2)(5a) of SC/ST Act.

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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 02.04.2024.

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Per contra, learned A.G.A. 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 shall be served by way of giving time for exchange of counter and rejoinder affidavits and keeping the matter pending before this Court in absence of opposite party no.2.

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In view of the aforesaid facts and circumstances, learned Special Judge, SC/ST (PA) Act, Jaunpur is hereby directed to proceed with Complaint Case No.110 of 2021 (Rajnarayan vs. Nandlal Yadav and Others), P.S. Madiyahun, District- Jaunpur and expedite and

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finalize it preferably within a year from the date of presentation of certified copy of this order before him without granting any unnecessary adjournment to either of the parties.

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Learned counsel for the appellants assured that the appellants will fully cooperate with the learned trial court concerned for expeditious disposal of the said complaint case.

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However, it is made clear that till the disposal 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 :- 27.8.2024 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Pradeep Kumar and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Pradeep Kumar and 6 Others v. State of U.P. and Another

Case brief

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