Dismissed

Rafiq Ahamad v. State of U.P.Thru.Addl.Chief Secy.Home and Others

Allahabad HC13 Jul 2022/3369/2022

Case brief

AI extract

What is this about?

This court dismissed an application under Section 482 CrPC seeking to quash orders related to a perjury case. The bench held the impugned orders did not suffer from illegality or perversity. The trial was directed to be concluded within one year.

What did the court decide?

Application for quashing of orders under Section 482 CrPC dismissed; trial directed to be concluded within one year.

Rafiq Ahamad Vs State of U.P.Thru.Addl.Chief… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 3369 of 2022 Applicant :- Rafiq Ahamad Opposite Party :- State Of U.P.Thru.Addl.Chief Secy.Home And Others Counsel for Applicant :- Niranjan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Mr. Gyanendra Singh, learned counsel for the applicant, as well as Mr. Rao Narendra Singh, learned AGA, for respondent-State, and perused the record.

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By way of this application under Section 482 CrPC, the applicant has prayed for quashing of order dated 04.05.2022 passed by the Sessions Judge, Pratapgarh in Criminal Misc. Case No.534 of 2022, which was instituted by the applicant herein under Section 341 CrPC against the order dated 07.04.2022 passed by the Civil Judge (Senior Division), Pratapgarh in Misc. Case No.148 of 2021, on an application filed by the applicant herein under Section 340 CrPC read with Section 195 CrPC for alleged perjury committed by the plaintiff by making false pleadings in paras 6 and 7 of the plaint.

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The learned Civil Judge in the order dated 07.04.2022 has extracted the contents of the said paras 6 and 7. Para-6 of the plaint, on translation, reads as under:-

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"Kasim Khan and Mahmood Khan were confidante to each other; Kasim Khan was in Army and British Government used to give priority to the persons serving in Army; Mahmood Khan for his requirement, with help of his friend and confidante, Kasim Khan, applied for allotment of the land; the then Collector on 02.05.1992 granted lease of the disputed plot in favour of Kasim Khan for 90 years; this land was granted for constructing house and maintaining orchard with a condition that in every 30 years the lease would be renewed and the lessee would pay increased rent."

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Para-7 reads as under:-

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" In accordance with the terms & conditions of the lease, Mahmood Khan got map sanctioned from the Nagar Palika to construct house on the said plot. He also planted some trees and, thereafter constructed the house and also constructed a pakka platform to offer 'Namaz'. Name of the house was kept as 'Mahmood Manzil' and the plaintiff and his family members had been living there and paying rent regularly."

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Application under Section 340 CrPC read with Section 195 CrPC came to be filed by the defendant, alleging therein that statements of fact made in paras-6 and 7 of the plaint were completely false and concocted. The learned Civil Judge, in his order, held that veracity of averments made in paras-6 and 7 would be decided during the course of trial. It was further said that during the proceedings, plaintiffs had not done anything which would affect the course of justice and, therefore, the said application came to be rejected.

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Aggrieved by the rejection order passed on the application under Section 340 CrPC read with Section 195 CrPC, the applicant herein filed an appeal in which the impugned order dated 05.04.2022 has been passed.

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Learned counsel for the applicant has contended that issues have not yet been framed and the suit is pending since 2013 in which ex-parte injunction order was passed. It has been further contended that the appeal has not been decided in accordance with law; the appellate Court has not even called for the lower court. The learned appellate Court was to consider documents submitted by the defendant to falsify the averments made in paras-6 and 7 of the plaint, but the appellate Court without considering the documents submitted with the appeal dismissed the appeal in summery manner.

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The learned appellate Court was of the view that the Civil Judge had not committed any mistake of law or fact in the impugned order. The veracity of averments made in paras-6 and 7 of the palint would be decided after the evidence is led and, therefore, the appeal was dismissed at the admission stage.

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This Court is of the considered view that two orders, impugned in the present application, do not suffer from any illegality or perversity, which requires interference by this Court in extra-ordinary jurisdiction under Section 482 CrPC. In view thereof, the present application is dismissed. However, the learned trial Court should proceed with the trial expeditiously and, decide the same, without accommodating request for adjournment made either on behalf of plaintiff or defendant,, say within a period of one year from the date certified copy of this order is served/submitted as the plaintiffs are enjoying the temporary injunction.

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Order Date :- 13.7.2022 MVS/-

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Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.07.13 19:20:37 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Rafiq Ahamad v. State of U.P.Thru.Addl.Chief Secy.Home and Others

Case brief

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Rafiq Ahamad v. State of U.P.Thru.Addl.Chief Secy.Home and Others

Case brief

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