Disposed

Smt. Chandra Kala and Others v. State of U.P.and Another

Allahabad HC22 Oct 2019A482/2723/2009

Case brief

AI extract

What is this about?

The High Court quashed a Section 482 Cr.P.C. application seeking to quash criminal proceedings as a civil dispute matter but disposed of the application by directing the trial court to decide the case expeditiously within six months without coercive action pending.

What did the court decide?

Prayer to quash proceedings refused; underlying case to be decided within six months; no coercive action until then.

Smt. Chandra Kala and Others Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 2723 of 2009

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Applicant :- Smt. Chandra Kala And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sudhakar Singh,Kshitij Shailendra Counsel for Opposite Party :- Govt. Advocate,Braham Singh,D.S. Singh,R.P. Srivastava

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicants, learned counsel appearing for the opposite party no.2 and Sri Sanjay Singh, learned AGA for the State and also perused the record brought on record.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Case No.11855 of 2008(State Vs. Padam Singh Chauhan & Others),arising out of Case Crime No.720 of 2008, under sections 420, 467, 468, 471 IPC, P.S. Civil Lines, District Moraabad as well as charge sheet, pending in the Court of C.J.M.,Moradabad.

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Learned carousel for the applicants contended that there is civil dispute between the parties since long and in order to make pressure upon the applicant the police in connivance with the opposite party no.2 charge sheeted the applicant.

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It is next contended that that this Court had stayed the proceedings of the aforesaid case against the applicant vide order dated 5.2.2009.

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The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.

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Interim order, if any, stands vacated.

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However,considering the facts and circumstances of the case and submissions as advanced by he counsel for the parties, the present 482 Cr.P.C. application is disposed of with the direction to learned Chief Judicial Magistrate, Moradabad to consider and decide the aforesaid case as expeditiously as possible in accordance with law, preferably within a period of six months from the date of production of a certified copy of this order, after hearing the concerned parties provided the applicants cooperate with the trial.

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Till then no coercive action shall be taken against the applicants.

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In view of the above, this 482 Cr.P.C. application stands disposed of.

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Order Date :- 22.10.2019 IA

Smt. Chandra Kala and Others v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Smt. Chandra Kala and Others v. State of U.P.and Another

Case brief

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What did the court decide?

What the court decided

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