Amit Kumar and 3 Others vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2025)

Amit Kumar and 3 Others vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions: trial court to expedite and finalize Complaint Case no. 1919 of 2023 preferably within 12 months of presentation of certified copy of the order, without unnecessary adjournments but after full opportunity of hearing to both sides; no coercive action against petitioners till disposal of the complaint case; personal appearance only on specific dates warranted by the court.

Issue for consideration

Whether the summoning order dated 17.5.2024 passed in Complaint Case no. 1919 of 2023 and the revisional order dated 3.12.2024 passed in Criminal Revision no. 180 of 2024 ought to be set aside, the petitioners contending there was hardly any attraction of the sections under which they were summoned.

Court's answer

The learned Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 22, Etah/concerned court is directed to expedite and finalize the proceedings of Complaint Case no. 1919 of 2023 (Smt. Kusuma Devi vs. Amit Kumar and others).

Ratio / Principle

The complaint case is to be concluded as expeditiously as possible, preferably within a period of 12 months from the date of presentation of certified copy of the order, without granting unnecessary adjournments to either party, but after giving full opportunity of hearing to both sides.

Key takeaways

Till disposal of Complaint Case no. 1919 of 2023, no coercive action shall be initiated against the petitioners; personal appearance shall be ensured by the petitioners only on specific dates warranted by the court in accordance with the procedure.ratio¶14
Both parties are directed not to seek unnecessary adjournments unless unavoidable and to cooperate with the learned court concerned for achieving the directions made.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 79), order dated 10.2.2025 in Matters Under Article 227 No. 315 of 2025 (Amit Kumar and 3 Others v. State of U.P. and 2 Others): Petition under Article 227 seeking setting aside of the summoning order dated 17.5.2024 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 22, Etah in Complaint Case No. 1919 of 2023 (Smt. Kusma Devi v. Amit Kumar and others) under Sections 504 and 323 IPC, Police Station Mirahchi, District Etah, and of the order dated 3.12.2024 passed by the learned Session Judge, Etah rejecting Criminal Revision No. 180 of 2024. Held: petition disposed of with directions to the trial court to expedite and finalize the complaint case as expeditiously as possible, preferably within 12 months from presentation of certified copy of the order, without unnecessary adjournments but after full opportunity of hearing to both sides; parties directed to cooperate and not seek avoidable adjournments; no coercive action to be initiated against the petitioners till disposal of the complaint case, with personal appearance only on specific dates warranted by the court.

Neutral Citation No. - 2025:AHC:19363

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 315 of 2025

Petitioner :- Amit Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.B. Pal Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the parties.

Present petition has been preferred with the following prayers:-

"(i) set aside the impugned judgments and order dated 17.5.2024 and 3.12.2024 passed by learned Apar Civil Judge (Junior Division) Judicial Magistrate, Court no. 22, Etah, Smt. Kusma Devi versus Amit Kumar and others, summoning the petitioners in under sections 504, 323 IPC, Police Station Mirahchi District Etah in Complaint Case no. 1919 of 2023, and learned Session Judge, Etah passed in Criminal Revision no. 180 of 2024 (Amit Kumar and others versus Smt. Kusma Devi and another (Annexure nos. 6 and 7) to the 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 17.5.2024. Being aggrieved with order dated 17.5.2024, petitioners preferred revision which was also rejected vide order dated 3.12.2024 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 (Junior Division)/Judicial Magistrate Court no. 22,Etah/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 1919 of 2023 (Smt. Kusuma Devi vs. Amit Kumar and others), 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.1919 of 2023 no coercive action shall be initiated against the petitioners. Personal appearance shall be ensured by the petitioners only on the specific dates warranted by the court in accordance with the procedure.

The instant petition is hereby disposed of accordingly.

Order Date :- 10.2.2025 Shaswat

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