Disposed

Hari Mohan Sharma and Another v. State of U.P. and Another

Allahabad HC1 Oct 2024CRLA/8628/2024

Case brief

AI extract

What is this about?

No substantive legal issue was addressed. The Allahabad High Court directed the Special Judge to expeditiously finalize the underlying SC/ST case within a year but halted coercive actions against the appellants pending disposal.

What did the court decide?

Directed Special Judge to expedite finalization of the complaint case within a year; no coercive action against appellants until disposal.

Hari Mohan Sharma and Another vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:160432

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 8628 of 2024

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Appellant :- Hari Mohan Sharma And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Rohit Shukla Counsel for Respondent :- G.A.,Shivarchan Mishra

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the appellants, Sri Shivarchan Mishra, 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 30.07.2024 passed by learned Special Judge, SC/ST (PA) Act, Mathura in Special Complaint Case No.72 of 2022 (Pannalal vs. Hari Mohan Sharma and Devi Prasad), P.S. Goverdhan, District- Mathura, whereby the appellants have been summoned under section 504 I.P.C. and sections 3(1)(r), 3(1)(s) 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 30.07.2024.

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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 Special Judge, SC/ST (PA) Act, Mathura is hereby directed to proceed with Special Complaint Case No.72 of 2022 (Pannalal vs. Hari Mohan Sharma and Devi Prasad), P.S. Goverdhan, District- Mathura and expedite and 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

Hari Mohan Sharma and Another v. State of U.P. and Another

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Hari Mohan Sharma and Another v. State of U.P. and Another

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