Disposed

Ranjeet Kumar Alias Raj Gupta v. State of U.P. and Another

Allahabad HC6 Jan 2020A482/23/2020

Case brief

AI extract

What is this about?

This application under Section 482 CrPC sought quashing of an ex-parte recovery order and direction to decide a recall application. The Court directed the lower court to decide the recall petition within one month without delving into merits. The petition was disposed of.

What did the court decide?

Direction to the court below to decide the recall application filed by the applicant within one month expeditiously.

Ranjeet Kumar Alias Raj Gupta Vs State of… — Civil Procedure and Limitation | Allahabad HC (2020)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 23 of 2020

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Applicant :- Ranjeet Kumar Alias Raj Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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

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The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 01.02.2019 passed by learned Chief Judicial Magistrate, Siddharth Nagar in Criminal Case No. 997 of 2019 (State vs. Amar Nath Maurya) arising out of Case Crime No.196 of 2018, under Sections 394 IPC, Police Station Dhebarua, District-Siddharth Nagar and further prayer to direct the concerned court below to decide the recall application filed by the applicant dated 07.02.2019 in the aforesaid case.

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It has been submitted by learned counsel for the applicant that the present F.I.R. has been lodged against unknown persons on 29.11.2018 at about 20:40 p.m. by the opposite party no.2 regarding loot of money and vehicle, which was registered as Case Crime No. 196 of 2018, under Section 394 IPC. Thereafter, the matter was investigated and during investigation, the statement of opposite party no.2 (first informant) and other persons were recorded by the Investigating Officer. The Investigating Officer, during investigation, prepared a recovery memo on 05.12.2018 for recovering the amount of Rs. 4,66,000/- and one Alto Car. Pursuant to which, the concerned court below has passed the impugned order dated 01.02.2019 for recovery of the said amount without hearing the applicant. Subsequently, against the exparte order dated 01.02.2019, the applicant has filed a recall application dated 07.02.2019 before the concerned court below, which has not been decided till date even after passage of nearly one year.

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Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the concerned Court below is directed to decide the aforesaid recall application filed by the applicant dated 07.02.2019 expeditiously, preferably within a period of one month from the date of production of a certified copy of this order, if there is no other legal impediment.

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With the above observations, the application stands disposed of.

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Order Date :- 6.1.2020 JK Yadav

Ranjeet Kumar Alias Raj Gupta v. State of U.P. and Another

Case brief

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Ranjeet Kumar Alias Raj Gupta v. State of U.P. and Another

Case brief

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