Arun Kumar and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Arun Kumar and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: expedited conclusion of Complaint Case no. 6784 of 2024 preferably within 12 months of presentation of certified copy of the order; full opportunity of hearing to both sides; no unnecessary adjournments; parties to cooperate; and no coercive action against the petitioners till disposal of the complaint case.

Issue for consideration

Whether the summoning order dated 16.8.2024 passed in Complaint Case no. 6784 of 2024 and the revision-rejection order dated 03.01.2025 passed in Criminal Revision no. 182 of 2024 ought to be set aside, on the petitioners' plea that there was hardly any attraction of the sections under which they were summoned and that their grounds were not considered while passing the order dated 16.8.2024.

Court's answer

This Court declined to adjudicate the prayer on the merits and found no useful purpose in waiting for exchange of counter and rejoinder affidavits while keeping the matter pending, choosing instead to dispose of the petition through process-level directions to the court below.

Ratio / Principle

The Court of the Additional Civil Judge (Senior Division), Farrukhabad/concerned court was directed to expedite and finalise the proceedings of Complaint Case no. 6784 of 2024 (Pramod Kumar vs. Arun Kumar and another) as expeditiously as possible, preferably within 12 months from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either party.

Key takeaways

The expedited proceedings were to be conducted after giving full opportunity of hearing to both sides.ratio¶12
Both parties were directed not to seek unnecessary adjournments unless unavoidable and to cooperate with the learned court concerned for achieving the directions made.ratio¶13
Till the disposal of Complaint Case no. 6784 of 2024, no coercive action shall be initiated against the petitioners (interim protection running until disposal of the complaint case).ratio

Detailed headnote1 paragraphs

Petition (Matters Under Article 227 No. 2110 of 2025) by Arun Kumar and another before the High Court of Judicature at Allahabad (Saurabh Srivastava, J.), challenging (i) the order dated 16.08.2024 of the Additional Civil Judge (Senior Division), Farrukhabad in Complaint Case No. 6784 of 2024 (Pramod Kumar vs. Arun Kumar and another) by which they were summoned, and (ii) the order dated 03.01.2025 of the Sessions Judge, Farrukhabad rejecting their Criminal Revision No. 182 of 2024. Counsel pleaded that the sections of summons had hardly any attraction and that the grounds were not considered in the 16.08.2024 order; the AGA opposed the prayer. Without adjudicating the merits or awaiting counter/rejoinder affidavits, the Court disposed of the petition, directing the trial court to conclude the complaint case expeditiously, preferably within 12 months of presentation of a certified copy of the order, with full opportunity of hearing and without unnecessary adjournments, requiring both parties to cooperate, and directing that no coercive action be initiated against the petitioners till disposal of the complaint case.

Neutral Citation No. - 2025:AHC:30968

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 2110 of 2025

Petitioner :- Arun Kumar And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohit Kumar Tiwari Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the parties.

The instant petition has been preferred with following prayers:-

"(i) set aside the impugned order dated 03.01.2025 passed by learned Sessions Judge, Farrukhabad in Criminal Revision no. 182 of 2024 (Arun Kumar and another vs. State of U.P. and another) as well as order dated 16.8.2024 passed by learned Additional Civil Judge (Senior Division), Farrukhabad in Complaint Case no. 6784 of 2024 (Pramod Kumar vs. Arun Kumar and another) (Annexure nos. 7 & 5 to this petition)."

Learned counsel for the petitioners pressed all the grounds whatsoever has been taken through the instant petition through which, it has been apprised that there is hardly any attraction of sections in which the petitioners have been summoned and all these grounds have not been taken into consideration while passing the order dated 16.8.2024. Being aggrieved with order dated 16.8.2024, petitioners preferred revision which was also rejected vide order dated 03.01.2025 which has been challenged through the instant petition.

Learned AGA for the State vehemently opposed the prayer sought through the instant petition.

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 Additional Civil Judge (Senior Division), Farrukhabad/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 6784 of 2024 (Pramod Kumar vs. Arun Kumar and another), 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.

It is also directed to the parties that no unnecessary adjournment shall be sought unless the same is unavoidable and both the parties are directed to cooperate with the learned court concerned for achieving the directions as made above.

However, it is made clear that till the disposal of the above mentioned complaint case no.6784 of 2024 no coercive action shall be initiated against the petitioners.

The instant petition is hereby disposed of accordingly.

Order Date :- 4.3.2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad