Dismissed

Rajmangal Yadav and Another v. State of U.P. and Another

Allahabad HC23 Sept 2022A482/30404/2022

Case brief

AI extract

What is this about?

In a Section 482 CrPC application, the applicant claimed the FIR was lodged out of enmity by a private complainant. The court found the FIR was lodged by a government officer and not due to enmity, finding a prima facie case made out, and dismissed the application.

What did the court decide?

The petition for quashing of proceedings was dismissed as it lacked merit.

Rajmangal Yadav and Another Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 30404 of 2022

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Applicant :- Rajmangal Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Monis,Navneet Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The petition has been filed under Section 482 CrPC for quashing proceeding of Criminal Case No.4992 of 2021 State vs. Rajmangal Yadav Pradhanpati and others,pending in the court of ACJM, Kasya, district Kushinagar arising out of case crime No.158 of 2020 under sections 419, 420, 406 I.P.C., P.S. Vishunpura, district Kushinagar as well as charge sheet No.01 of 2021 dated 24.6.2021 and summoning order dated 26.11.2021, including NBW dated 3.6.2022.

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Heard learned counsel for the petitioners and learned A.G.A. for the State as also perused the first information report.

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Notice to respondent No.2 is dispensed with.

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Learned counsel for the petitioners submits that applicant No.1 is husband of village Pradhan and applicant No.2 is son of Village Pradhan. They have nothing to do with the matter. The first information report has been lodged out of enmity. It is submitted that the petitioners have been falsely implicated.

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Learned A.G.A. Mr. S.K. Ojha has opposed the petition.

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It appears that after an enquiry at the level of Vikas Khand office, the first information report in question has been lodged.The first information report discloses, prima facie, commission of

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offence.

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The contention of learned counsel for the petitioners that the first information report is an outcome of election rivalry is mis-conceived as the first information report has been lodged by Gram Panchayat Adhikari, Vikas Khand Dudhi, Kushinagar who is a government officer. He cannot have an election rivalry with the petitioners.

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I am satisfied that more than prima facie case is made out to take cognizance and summon the accused persons. There is no illegality in the cognizance/summoning order dated 26.11.2021.

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The petition lacks merit and is accordingly dismissed.

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Order Date :- 23.9.2022 kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.26 11:38:42 IST Reason: Location: High Court of Judicature at Allahabad

Rajmangal Yadav and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajmangal Yadav and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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