Disposed

Raj Kapoor and 3 Others v. State of U.P. and Another

Allahabad HC17 Sept 2024CRLA/7606/2024

Case brief

AI extract

What is this about?

The Appellate Court disposed of the criminal appeal by directing the lower court to expedite the trial within a year, noting the appellants' assurance of cooperation, while clarifying that no coercive action shall be initiated against them pending the trial's conclusion.

What did the court decide?

Trial to be expedited within one year; no coercive action against appellants till case disposal.

Raj Kapoor and 3 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:160719

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 7606 of 2024

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Appellant :- Raj Kapoor And 3 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- B.S. Pandey,Kartikey Pandey Counsel for Respondent :- Brij Kishor Singh,G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the appellants, Sri Brij Kishor Singh, learned counsel for the respondent no.2 and learned A.G.A. for the State.

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The instant appeal has been preferred to set-aside the order dated 01.06.2024 passed by learned Additional Session Judge/Special Judge, SC/ST (PA) Act, Basti in Warrant or Summons Criminal Case No.66 of 2023 (Shravan Kumar Kanaujiya vs. Rambhawan Yadav and Others), P.S. Gaur, DistrictBasti, whereby the appellants have been summoned under sections 147, 447, 506 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 01.06.2024.

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Per contra, learned A.G.A. and learned counsel for the respondent no.2 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.

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In view of the aforesaid facts and circumstances, learned Additional Session Judge/Special Judge, SC/ST (PA) Act, Basti is hereby directed to proceed with Warrant or Summons Criminal Case No.66 of 2023 (Shravan Kumar Kanaujiya vs. Rambhawan Yadav and Others), P.S. Gaur, District- Basti and expedite and

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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 :- 1.10.2024 Saif

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

Raj Kapoor and 3 Others v. State of U.P. and Another

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Raj Kapoor and 3 Others v. State of U.P. and Another

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