Disposed

Monu and 2 Others v. State of Up and Another

Allahabad HC8 Jul 2024CRLA/707/2024

Case brief

AI extract

What is this about?

Criminal appeal seeking quashing of a summoning order and a non-bailable warrant in an old Ghaziabad case under IPC sections and SC/ST Act. The court disposed of the appeal, directing the trial court to conclude proceedings within twelve months, with no coercive action against appellants meanwhile.

What did the court decide?

Trial court directed to finalise F.R. No.403 of 2010 preferably within 12 months; interim protection that no coercive action be initiated against appellants.

Monu and 2 Others vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:123043

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 707 of 2024

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Appellant :- Monu And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Satyendra Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Satyendra Kumar Singh, learned counsel for the appellants and learned AGA for the State. Although notice has been issued twice but the same has not been served since the respondent no.2 has left his house by selling it before three years.

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The instant appeal has been preferred with a prayer to quash the summoning order dated 25.09.2023 passed by Ist Chief Judicial Magistrate, Ghaziabad in F.R. No.403 of 2010 (Sushil Vs. Satendra and others), arising out of Case Crime No.1432 of 2010, under Section 420, 467, 468, 452, 471, 504 IPC and Section 3(1)10 of SC/ST Act, P.S. Loni, District Ghaziabad as well as Non Bailable Warrant issued vide order dated 15.12.2023 passed by learned Special Judge, SC/ST Act, Ghaziabad against appellant no.3 only and the entire proceedings of the said case.

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Learned counsel for appellants 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 appellants have been summoned and all these grounds have not been taken into consideration while passing the order dated 25.09.2023.

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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 by way of calling counter affidavit and rejoinder affidavit by the parties and as such, learned court concerned is hereby directed to expedite and finalize the proceedings of F.R. No.403 of 2010 (Sushil Vs. Satendra and others), arising out of Case Crime No.1432 of 2010, under Section

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420, 467, 468, 452, 471, 504 IPC and Section 3(1)10 of SC/ST Act, P.S. Loni, District Ghaziabad, 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 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 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 herein.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 30.7.2024 Vivek Kr.

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

Monu and 2 Others v. State of Up and Another

Case brief

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Monu and 2 Others v. State of Up and Another

Case brief

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