Disposed

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

Allahabad HC26 Jul 2024CRLA/5079/2024

Case brief

AI extract

What is this about?

Appellants challenged summoning order under IPC and SC/ST Act. Court found no merit in delaying proceedings by exchanging affidavits with an absent respondent. It directed the trial court to expedite the complaint case without unnecessary adjournments, prohibiting coercive action against appellants until disposal.

What did the court decide?

Trial court directed to finalize S.S.T. No.108 of 2023 preferably within a year without unnecessary adjournments; no coercive action against appellants till disposal.

Risha and 2 Others vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144323

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5079 of 2024

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Appellant :- Risha And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Arun Kumar 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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Despite service of notice, none appeared on behalf of respondent no.2 either in person or through counsel.

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The instant appeal has been preferred to set-aside the order dated 20.01.2023 passed by learned Special Judge, SC/ST (PA) Act, Kannauj in S.S.T. No.108 of 2023 arising out of Complaint Case No.496 of 2022 (Govind vs. Mukesh and Others), P.S. Thathia, District- Kannauj, whereby the appellants have been summoned under sections 323, 504 I.P.C. and sections 3(1)(r) 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 20.01.2023.

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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 respondent no.2.

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In view of the aforesaid facts and circumstances, learned Special Judge, SC/ST (PA) Act, Kannauj is hereby directed to proceed with S.S.T. No.108 of 2023 arising out of Complaint Case No.496

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of 2022 (Govind vs. Mukesh and Others), P.S. Thathia, DistrictKannauj and expedite and 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 assures on behalf of the appellants that they will fully cooperate with the learned concerned court for expeditious disposal of the said complaint case and ensure their presence as and when required by learned concerned court.

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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 :- 5.9.2024 Saif

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

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

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

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