Disposed

Mahendra Pal v. State of Up and Another

Allahabad HC18 Sept 2024CRLA/525/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal appeal challenging a summoning order under the SC/ST Act and IPC. Noting the State's non-appearance, the Court directed the trial court to expedite the trial within 12 months while preventing coercive action against the appellant during the trial.

What did the court decide?

Directed the Special Judge to expedite and finalize the complaint case within 12 months; no coercive action against appellant to be initiated until disposal.

Mahendra Pal vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:153359

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 525 of 2024

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Appellant :- Mahendra Pal Respondent :- State of U.P. and Another Counsel for Appellant :- Akhilesh Kumar,Ashok Kumar Singh Bais Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the appellant and learned AGA for the State.

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Even after service of notice, even in revised call, 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 with a prayer to set aside the impugned summoning order dated 18.01.2019 passed by learned Special Judge (SC/ST Act) Saharanpur in Complaint Case no. 27/2016, Sandeep Kumar Advocate Vs. Nahendra Pal and another, under sections 323, 342, 504, 506 IPC and 3(1)10 of SC/ST (PA) Act, 1989, Police Station Sarsawa, District Saharanpur as well as entire proceeding of the present Complaint Case no. 27/2016. It is also prayed to stay the proceeding of Complaint Case no. 27/2016.

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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 18.01.2019.

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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 pretext of non-appearance of opposite party no. 2 and as such, learned Court of Special Judge (SC/ST Act), Saharanpur is hereby directed to expedite and finalize the proceedings of Complaint Case no. 27/2016, Sandeep Kumar Advocate Vs. Nahendra Pal and another, under sections 323, 342, 504, 506 IPC and 3(1)10 of SC/ST (PA) Act, 1989, Police Station Sarsawa, District Saharanpur, 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 complaint case and he also assures on behalf of appellant that he 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 complaint case 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 :- 18.9.2024 Shaswat

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

Mahendra Pal v. State of Up and Another

Case brief

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Mahendra Pal v. State of Up and Another

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