Umesh Kumar Singh And 2 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:-

"A.to set aside the impugned proceedings of Case no. 1729 of 2021 under Section 406 IPC pending in the court of Civil Judge (Senior Division), FTC, Additional Chief Judicial Magistrate, Meerut as (Smt. Jyoti vs. Shivnath Singh and others) and also the order dated 05.09.2024 passed by learned Additional Sessions Judge, Court no. 9, Meerut in Criminal Revision no. 821 of 2023 (Shivnath Singh and others vs. State of U.P. and another) whereby learned Additional Sessions Judge has rejected the Criminal Revision filed by the petitioners and others as well as the summoning order dated 26.11.2022 passed by learned Civil Judge (Senior Division), FTC, Additional Chief Judicial Magistrate, Meerut."

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 26.11.2022. Being aggrieved with order dated 26.11.2022, petitioner preferred revision which was also rejected vide order dated 05.09.2024 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 Civil Judge (Senior Division), FTC, Additional Chief Judicial Magistrate, Meerut/concerned court is hereby directed to expedite and finalize the proceedings of Case no. 1729 of 2021 (Smt. Jyoti Singh vs. Shivnath Singh and others) Police Station-Pallavpuram, District- Meerut, 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 Case no. 1729 of 2021 no coercive action shall be initiated against the petitioners.

The instant petition is hereby disposed of accordingly.