Dismissed

Bhuvnesh @ Sanni and 2 Ors. v. State of U.P. and Anr.

Allahabad HC27 Sept 2018A482/34261/2018

Case brief

AI extract

What is this about?

Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a summoning order in a criminal case arising from a land dispute. Held that disputed facts require trial and cannot be adjudicated at this stage; prayer for quashing refused.

What did the court decide?

Application to quash the summoning order and proceedings under Section 482 Cr.P.C. is refused and dismissed.

Bhuvnesh @ Sanni and 2 Ors. Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2018)

¶1

Court No. - 13

¶2

Case :- APPLICATION U/S 482 No. - 34261 of 2018

¶3

Applicant :- Bhuvnesh @ Sanni And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Umesh Chandra Tripathi,J.

¶6

Heard learned counsel for the applicant and learned A. G. A. for the State.

¶7

This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 24.7.2018 passed by ACJM, Shikohabad, Firozabad as well as entire proceedings of Complaint Case No. 2913 of 2017 (Suman Devi Vs. Bhuvnesh @ Sanni and others) under Section 323, 504, 506 IPC, P.S. Jasrana, District Firozabad.

¶8

By the impugned summoning order dated 24.7.2018, applicants (Bhuvnesh @ Sanni, Vikash @ Kanhaiya and Vijendra) have been summoned for the offence punishable under Sections 323, 504, 506 IPC.

¶9

Learned counsel for the applicants contended that opposite party No. 2 (Suman Devi) has forcefully taken possession of the land belonging to applicant No. 3 (Vijendra). Applicant No. 3 (Vijendra) has filed complaint before the Sub Divisional Magistrate, Firozabad and after inquiry, it is found that the opposite party No. 2 (Suman Devi) has forcefully taken possession of the land belonging to applicant No. 3 (Vijendra). In counter blast of that case, opposite party No. 2 (Suman Devi) has filed the present complaint, maliciously with false and fabricated allegation against the applicants.

¶10

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

¶11

The prayer for quashing the summoning order passed in the aforesaid case is refused.

¶12

Accordingly, this application under Section 482 Cr.P.C., stands dismissed .

¶13

Order Date :- 27.9.2018 Jaswant

Bhuvnesh @ Sanni and 2 Ors. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Bhuvnesh @ Sanni and 2 Ors. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Anita Vs State of U.P. and Anr.

Gaurav Kalara and 2 Others Vs State of U.P. and Another

Raju and Another Vs State of U.P. and Another

Ravi Vs State of U.P.

Arvind Singh Sachan Vs State of U.P. and Anr.

Lalji and 6 Others Vs State of Up and Another