Dismissed

Tilakdhari and 9 Others v. State of U.P. and Another

Allahabad HC11 Aug 2022A482/21812/2022

Case brief

AI extract

What is this about?

The Single Judge rejected the application to quash criminal proceedings and the summoning order on the ground of multiplicity of cases. The court disposed of the matter by directing the applicants to file an application under Section 210 Cr.P.C. within 15 days and granted a stay on coercive action for two months.

What did the court decide?

Prayer for quashing refused; interim stay on coercive action granted for two months; direction to file application under Section 210 Cr.P.C.

Tilakdhari and 9 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

¶1

Court No. - 87

¶2

Case :- APPLICATION U/S 482 No. - 21812 of 2022

¶3

Applicant :- Tilakdhari And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Om Prakash Tripathi,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.

¶6

This application under Section 482 Cr.P.C. has been filed with a prayer to quash the Criminal proceeding of Case No.33 of 2020 (State vs. Tilakdhari and others) arising out of Charge Sheet No.106 of 2019 dated 31.08.2019 pertaining Case Crime No.0079 of 2019, under Sections 147, 148, 323, 504, 506 IPC, Police Station Lalapur, District Prayagraj to Court of Judicial Magistrate IIIrd Allahabad and summoning order dated 07.01.2020.

¶7

It is submitted by learned counsel for the applicants that present application relates to Crime No.79 of 2019, under Sections 147, 148, 323, 504, 506 IPC and thereafter an application under Section 156 (3) Cr.P.C. has been moved before the Court concerned, which has been registered as Case Crime No.129/2019. It is also submitted that both the cases related to same occurrence, dated 18.05.2019 and for the same occurrence, the proceedings of two cases are not lawful.

¶8

In view of the above, the prayer for quashing the orders dated 31.08.2019 and summoning order dated 07.01.2020, is hereby refused.

¶9

This application is disposed of with the direction that the applicant shall move an application under Section 210 Cr.P.C. before the Court concerned within a period of 15 days from the date of production of certified copy of this order and same shall be heard and decided by the Court below in accordance with law preferably within a period of two months from the date of filing of the application of the applicant filed before the Court below.

¶10

Till the aforesaid period of two months from today, no coercive action shall be taken against the applicants.

¶11

Order Date :- 11.8.2022/Monika

¶12

Digitally signed by MONIKA KESARWANI Date: 2022.08.11 15:01:10 IST Reason: Location: High Court of Judicature at Allahabad

Tilakdhari and 9 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Tilakdhari and 9 Others v. State of U.P. and Another

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

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

Saurabh Tomar Vs State of U.P. and Another

Shamshudeen @ Kaliya and 3 Others Vs State of U.P. and Another

Ishwar Alias Ishwardin Vs State of U.P. and Another

Robin Singh Vs State of U.P. and Another

Mahesh Kumar Kanaujiya Vs State of U.P. and Another