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Om Prakash And 2 Others vs State Of U.P. And Another

Allahabad High Court · Decided on 2 January 2025 · Citation: (2025) 01 AHC CK 1659

HON’BLE JUDGES
Nand Prabha Shukla, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure Act, 1973 — Section 407 · Indian Penal Code, 1860 — Section 34, 120B, 302 · Arms Act, 1959 — Section 3, 25, 27
RESULT
Disposed Of
CASE NUMBER
Matters Under Article 227 No. 12719 Of 2024
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Judgment

10 paragraphs · 391 words

Saurabh Srivastava, J

1.

Heard learned counsel for the parties.

2.

The instant petition has been preferred with following prayers:-

"i. set aside the order dated 31.07.2024 passed by learned Additional District & Session Judge/Special Judge, Anti Corruption, Court no. 6, Bareilly, in Criminal Revision no. 167/2024 (Hariom & others versus State of U.P. & another) as well as the order dated 29.04.2024 passed by learned Judicial Magistrate, Aonla, District Bareilly in Complaint Case no. 553/2023 (Prem Chand versus Hariom & others) under Section 452, 323 IPC, Police Station Aonla, District Bareilly (annexure no. 5 & 3 respectively to the petition)."

3.

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 29.04.2024. Being aggrieved with order dated 29.04.2024, petitioner preferred revision which was also rejected vide order dated 31.07.2024 which has been challenged through the instant petition.

4.

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

5.

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 Judicial Magistrate, Aonla, District Bareilly/concerned court is hereby directed to expedite and finalize the proceedings of Complaint Case no. 553/2023 (Prem Chand versus Hariom & others) under Section 452, 323 IPC, Police Station Aonla, District Bareilly, 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.

6.

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.

7.

However, it is made clear that till the disposal of the above mentioned complaint case no.553 of 2023 no coercive action shall be initiated against the petitioners.

8.

The instant petition is hereby disposed of accordingly.