Disposed

Ompal v. State of U.P. and Another

Allahabad HC5 Aug 2024CRLA/6953/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a criminal appeal seeking quashing of a summoning order. Noting the absence of respondent no. 2, the court directed the trial court to finalize underlying proceedings within 12 months and stayed coercive action pending the trial.

What did the court decide?

The trial court directed to expedite proceedings within 12 months; coercive action against appellant stays pending trial.

Ompal vs State of U.P. and Another — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:150073

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 6953 of 2024

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Appellant :- Ompal Respondent :- State of U.P. and Another Counsel for Appellant :- Kanchan Singh 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. Despite service of notice, no one appeared on behalf of respondent no.2 even in the revised call.

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The instant appeal has been preferred with a prayer to quash the summoning order dated 09.04.2024 passed by learned Special Judge, SC/ST Act, Budaun in Criminal Misc. Case No.97 of 2024 (Smt. Shilpi Devi Vs. Lallu Maurya and others), under Section 323, 504 IPC and Section 3(1)da, dha of SC/ST Act, P.S. Ushait, District Budaun.

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Learned counsel for appellant 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 appellant has been summoned and all these grounds have not been taken into consideration while passing the order dated 09.04.2024.

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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 at 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 Criminal Misc. Case No.97 of 2024 (Smt. Shilpi Devi Vs. Lallu Maurya and others), under Section 323, 504 IPC and Section 3(1)da, dha of SC/ST Act, P.S. Ushait, District Budaun, 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

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after giving full opportunity of hearing to both sides.

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Learned counsel for appellant assures on behalf of the appellant that he 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 appellant herein.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 13.9.2024 Vivek Kr.

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

Ompal v. State of U.P. and Another

Case brief

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Ompal v. State of U.P. and Another

Case brief

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