Sukhdev Singh And 6 Others vs State Of U.P. And Another

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 18.09.2024 passed by Sessions Judge, Shahjahanpur in Criminal Revision no. 15 of 2024 (Sukhdev Singh and others vs. State of U.P. & another) and order dated 13.07.2023 passed by Judicial Magistrate-III, Court no. 33, Shahjahanpur in Misc. Case no. 632/2023 (Harendra Singh vs. Sukhdev Singh and others) u/s 447, 323, 386, 504 IPC, Police Station Sindhauli, District Shahjahanpur (Annexure no. 5 & 3) 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 13.07.2023. Being aggrieved with order dated 13.07.2023, petitioners preferred revision which was also rejected vide order dated 18.09.2024 which has been challenged through the instant petition. It is also submitted that FIR has already been preferred at the behest of the petitioners wherein respondent no. 2 and his aides have already been implicated wherein the investigation is pending to be concluded and in the counter-blast of the same FIR present complaint has been preferred against the petitioners.

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 Judicial Magistrate-III, Court no. 33, Shahjahanpur/concerned court is hereby directed to expedite and finalize the proceedings of Misc. Case no. 632/2023 (Harendra Singh vs. Sukhdev Singh and others) u/s 447, 323, 386, 504 IPC, Police Station Sindhauli, District Shahjahanpur, 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 Misc. Case no. 632/2023 no coercive action shall be initiated against the petitioners.

The instant petition is hereby disposed of accordingly.