Allahabad High Court
Bhudevi And 9 Others vs State Of U.P. And Another on 15 October, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:163751 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 9810 of 2024 Petitioner :- Bhudevi And 9 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Kripa Shanker Yadav Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Kripa Shanker Yadav, learned counsel for petitioners and learned AGA for the State.
2. The instant petition has been preferred with a prayer to quash the summoning order dated 14.01.2022 passed by learned Judicial Magistrate, Court No.5, Mathura in Complaint Case No.634 of 2020 (Smt. Saroj Vs. Sachin and others), under Sections 323, 452, 504, 506 IPC as well as impugned order dated 06.06.2024 passed by Additional Session Judge, Court No.10, Mathura in Criminal Revision No.182 of 2022 (Smt. Bhudevi Vs. State of U.P. and others).
3. Learned counsel for petitioners pressed all the grounds whatsoever have 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 14.01.2022. Learned counsel for petitioners further submitted that the revisional court has also repeated the same illegality while passing the impugned order dated 06.06.2024 through which revision preferred by petitioners challenging the order dated 14.01.2022, has been rejected. Learned counsel for petitioners further contended that both the orders passed by the courts concerned, are against the weight of evidence and as such, the same may be quashed.
4. Per contra, learned AGA for the State vehemently opposed the prayer sought through the instant petition on the ground that both the impugned orders have been passed after considering the material available on record which are just and proper.
5. Be that as it may, no useful purpose will be served in keeping the matter pending by way of calling counter affidavit and rejoinder affidavit by the parties and as such, learned Judicial Magistrate, Court No.5, Mathura is hereby directed to expedite and finalize the proceedings of Complaint Case No.634 of 2020 (Smt. Saroj Vs. Sachin and others), as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a 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. However, it is made clear that the petitioners will be at liberty to appear before the court concerned through their counsel.
7. The instant petition is hereby disposed of accordingly.
Order Date :- 15.10.2024 Vivek Kr.