Disposed

Monu Vishwakarma and 4 Others v. State of U.P. and Another

Allahabad HC20 Aug 2024CRLA/6592/2024

Case brief

AI extract

What is this about?

Criminal Appeal challenging the stay on proceedings in a case involving offences under the SC/ST Act and IPC. The High Court directed the Special Judge to expedite the trial within 12 months and restrained coercive action against appellants until final disposal.

What did the court decide?

Directed Special Judge to finalize proceedings within 12 months; no coercive action against appellants until trial concludes.

Monu Vishwakarma and 4 Others vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:133705

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 6592 of 2024

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Appellant :- Monu Vishwakarma And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Abhishek Kumar Saroj,Kumar Parikshit,Nitesh Vishwakarma Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Although, notices have been served but none has appeared in person or though his counsel on behalf of opposite party no.2.

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Heard Sri Abhishek Kumar Saroj, learned counsel for the appellants and learned AGA for the State.

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The instant appeal has been preferred with a prayer to stay the effect and operation of order dated 18.03.2024 passed by Special Judge (SC/ST) Act, Azamgarh in Complaint No. 5000029 of 2022/ CNR No. UPAZ010018082022 (Surendra Pratap vs. Monu Vishwakarma and others), arising out of Case Crime No.335 of 2019, u/s 147, 323, 325, 504, 506 IPC and 3(1)(r), 3(1)(s) & 3(2) (Va) SC/ST Act, Police Station Phoolpur, District Azamgarh during pendency of the present appeal.

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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 18.03.2024.

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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 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), Aligarh is hereby directed to expedite and finalize the proceedings of Complaint No. 5000029 of 2022/ CNR No. UPAZ010018082022 (Surendra Pratap vs. Monu Vishwakarma and others), arising out of Case Crime No.335

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of 2019, u/s 147, 323, 325, 504, 506 IPC and 3(1)(r), 3(1)(s) & 3(2) (Va) SC/ST Act, Police Station Phoolpur, District Azamgarh, 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 appellants assures on behalf of the appellants that they 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 pendency 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 :- 20.8.2024 Jitendra

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

Monu Vishwakarma and 4 Others v. State of U.P. and Another

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Monu Vishwakarma and 4 Others v. State of U.P. and Another

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