Chandra Veer Singh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Chandra Veer Singh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directives to the Additional Chief Judicial Magistrate, Court No. 1, Bijnor/concerned court to expedite and finalise Complaint Case No. 7105 of 2021 (Sections 420, 468, 471 I.P.C.) preferably within 12 months from presentation of certified copy of the order, without unnecessary adjournments but with full opportunity of hearing to both sides; parties directed to avoid unnecessary adjournments and cooperate; and no coercive action to be initiated against the petitioner till disposal of the complaint case. The prayer to set aside the orders was not granted or rejected on merits.

Issue for consideration

Whether the summoning order dated 29.02.2024, the order dated 17.12.2024 and the revision judgment/order dated 07.12.2024 ought to be set aside on the petitioner's contention that there was hardly any attraction of the sections (Sections 420, 468, 471 I.P.C.) under which he was summoned, and that these grounds were not considered when the summoning order was passed.

Court's answer

Finding that no useful purpose would be served by allowing time for exchange of counter and rejoinder affidavits and keeping the matter pending, the Court directed the learned Court of Additional Chief Judicial Magistrate, Court No. 1, Bijnor/concerned court to expedite and finalize the proceedings of Complaint Case No. 7105 of 2021; the merits of the summoning orders and the revision judgment were not adjudicated.

Ratio / Principle

The complaint-case proceedings are to be concluded as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a certified copy of this order before the court below, without granting any unnecessary adjournment to either party, but after giving full opportunity of hearing to both sides.

Key takeaways

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
As interim protection, it is made clear that till the disposal of Complaint Case No. 7105 of 2021, no coercive action shall be initiated against the petitioner.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 79), MATTERS UNDER ARTICLE 227 No. 759 of 2025 (Neutral Citation No. 2025:AHC:23442), Saurabh Srivastava, J.; order dated 18.2.2025. Chandra Veer Singh (counsel: Neeraj Kumar Pandey, Saurabh Shahi) sought setting aside of (i) the judgment and order dated 07.12.2024 of the Additional District and Sessions Judge, Court No. 4, Bijnor rejecting his Criminal Revision No. 124 of 2024, CNR No. UPBJ-01-0040632024 (Chandraveer Singh Vs. State of U.P. and another), (ii) the summoning order dated 29.02.2024 and (iii) the order dated 17.12.2024 of the Additional Chief Judicial Magistrate, Court No. 1, Bijnor, in Complaint Case No. 7105 of 2021 (Ashish Chauhan Vs. Shailendra and other), under Sections 420, 468, 471 I.P.C., Police Station-Rehar, District-Bijnor, contending there was hardly any attraction of the sections under which he was summoned. The learned AGA opposed. The Court adjudicated neither the merits of the summons nor the revision; observing that no useful purpose would be served by counter/rejoinder exchange, it disposed of the petition with directives: expedite and finalise the complaint case preferably within 12 months from presentation of certified copy of the order, grant no unnecessary adjournments to either side but afford full opportunity of hearing; parties to shun unnecessary adjournments and cooperate; and, as interim protection, no coercive action against the petitioner till disposal of the complaint case. Citable as an expedition-plus-interim-relief Article 227 disposition; it records no holding on the sufficiency of the charges.

Neutral Citation No. - 2025:AHC:23442

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 759 of 2025

Petitioner :- Chandra Veer Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Neeraj Kumar Pandey,Saurabh Shahi Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the parties.

The instant petition has been preferred with following prayer:-

"i) issue an order or direction to set-aside the impugned judgment and order dated 07.12.2024 (Annexure No. 1 to this petition) passed by Additional District and Sessions Judge, Court No. 4, Bijnor in Criminal Revision No. 124 of 2024, CNR No. UPBJ-01-0040632024 (Chandraveer Singh Vs. State of U.P. and another) and summoning order dated 29.02.2024 (Annexure No.2 to this petition) as well as order dated 17.12.2024 (Annexure No. 3 to this petition) passed by Additional Chief Judicial Magistrate, Court No. 1, Bijnor in Complaint Case No. 7105 of 2021 (Ashish Chauhan Vs. Shailendra and other), Under Sections 420, 468, 471 I.P.C., Police Station-Rehar, District-Bijnor, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Bijnor."

Learned counsel for the petitioner 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 petitioner has been summoned and all these grounds have not been taken into consideration while passing the order dated 29.02.2024. Being aggrieved with order dated 29.02.2024, petitioner preferred revision which was also rejected vide order dated 07.12.2024which 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 Chief Judicial Magistrate, Court No. 1, Bijnor/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case No. 7105 of 2021 (Ashish Chauhan Vs. Shailendra and other), Under Sections 420, 468, 471

I.P.C., Police Station-Rehar, District-Bijnor, 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. 7105 of 2021, no coercive action shall be initiated against the petitioner.

The instant petition is hereby disposed of accordingly.

Order Date :- 18.2.2025 #Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad