Allowed

Susheel Kumar Tewari Advocate v. State of U.P. Thru the Prin Secy.Deptt.of Home Affairs andANR.

Allahabad HC5 Jul 2023/2903/2013

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., this Court quashed criminal proceedings arising from an FIR lodged in cross-action with another party, citing a coordinate bench's earlier quashing order and the presence of conflicting versions.

What did the court decide?

The proceedings in Criminal Case No. 3377 of 2012 under sections 323, 504 and 506 IPC are quashed.

Susheel Kumar Tewari Advocate Vs State of U.P. Thru the… — Quashing and FIR | Allahabad HC (2023)

¶1

Court No. - 28

¶2

Case :- APPLICATION U/S 482 No. - 2903 of 2013

¶3

Applicant :- Susheel Kumar Tewari Advocate Opposite Party :- State Of U.P. Thru The Prin Secy.Deptt.Of Home Affairs Andanr.

¶4

Counsel for Applicant :- Lalit Kishore Pandey Counsel for Opposite Party :- Govt. Advocate

¶5

Hon'ble Shree Prakash Singh,J.

¶6

Heard Sri Lalit Kishore Pandey, learned counsel for the applicant and A.G.A. for the State and perused the material placed on record.

¶7

On 21.06.2023, the following order was passed:-

¶8

Heard Sri Lalit Kishore Pandey, learned counsel for the petitioner and learned Additional Government Advocate for the State.

¶9

Submission of learned counsel for the petitioner is that since the proceedings of the Criminal Case No. 2075 of 2009 emanating out of the cross case bearing No. 68 of 2009 has been stayed by this Court by means of order dated 03.09.2012, passed in Criminal Misc.Case No. 3202 of 2012 (under Section 482 Cr.P.C.), as such the proceedings of the case at hand be also stayed.

¶10

Accordingly, in view of the order dated 03.09.2012, passed by this Court in Criminal Misc. Case No. 3202 of 2012 (under Section 482 Cr.P.C.), further proceedings of Criminal Case No. 3377 of 2012, pending in the court of learned Additional Chief Judicial Magistrate-I, Lucknow shall remain stayed.

¶11

Connect and list along with Criminal Misc. Case No. 3202 of 2012 (under Section 482 Cr.P.C.).

¶12

Instant application has been filed with prayer to quash the Charge Sheet No. 88 of 2009 dated 02.4.2009 and the summoning order dated 21.4.2009, as well as proceedings in pursuance thereof in Criminal Case No. 3377 of 2012 titled as State versus Susheel Kumar Tewari, under Section 323, 504, 506 I.P.C., now pending in the court of Additional Chief Judicial Magistrate-I, Lucknow and further prayed to stay the proceedings in Criminal Case No. 3377 of 2012 titled as State versus Susheel Kumar Tewari, under Section 323, 504, 506 I.P.C., pending in the court of Additional Chief Judicial

¶13

Magistrate-I, Lucknow and now fixed for 02.08.2013.

¶14

Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant matter. He next added that the injuries are self-inflicted and the story is concocted as no such incident has ever taken place and due to anonymity the first information report has been lodged alleging therein the false allegations over the applicant.

¶15

Adding his arguments he submits there is no cogent piece of evidence so as to connect the present applicant in this matter and it seems that due to animosity the present applicant has been named in the first information report. He next added that there is cross version of first information reports as the present applicant has also lodged the first information report bearing case crime no. 68 of 2009 under sections 323, 504 & 506 of IPC, Police Station- Hussainganj Distrcit-Lucknow.

¶16

Against the aforesaid order, Satya Pal Gupta and Ankush Gupta filed an application under section 482 bearing no. 3202 of 2012 wherein, the coordinate bench of this Court passed the final order on 21.07.2017 whereby, the criminal proceeding was quashed. He added that since the allegations in the first information report bearing case crime no. 68A of 2009 is almost identical to the first information report lodged by the present applicant. He has also shown certain malice and falsity in the story of prosecution and added that the criminal proceeding against the present applicant may be quashed.

¶17

Learned A.G.A opposed the prayer for quashing of the proceeding of the aforesaid case as well as quashing of the impugned order but he could not dispute the arguments advanced by learned counsel for the applicant.

¶18

Considering the submissions of learned counsel for the applicant as well as the State, it transpires that due to petty dispute between the parties the first information reports were lodged by the present applicant and the opposite party no. 2 against each other and as such there is cross version of the first information reports.

¶19

This Court has further taken note of the fact that the coordinate bench of this Court in application under section 482 no. 3202 of 2012 has quashed the proceedings vide order dated 21.07.2017. Therefore the submission of learned counsel for the applicant seems to be is genuine and thus, the proceedings of Case No. 3377 of 2012 arising out of Case Crime No. 68 of 2009 under sections- 323, 504, 506 IPC, pending in the court of Additional Chief Judicial Magistrate-I, Lucknow is hereby quashed.

¶20

The application is hereby allowed.

¶21

Consigned to record.

¶22

Order Date :- 5.7.2023 Mayank

¶23

Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Susheel Kumar Tewari Advocate v. State of U.P. Thru the Prin Secy.Deptt.of Home Affairs andANR.

Case brief

What is this about?

What did the court decide?

Susheel Kumar Tewari Advocate v. State of U.P. Thru the Prin Secy.Deptt.of Home Affairs andANR.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohd. Muzzammil Ahmad and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Kaushal Kumar Vs State of U.P Thru. Secy. Home and 3 Others

Ram Naresh Vs State of U.P. Thru. Prin. Secy. Home and Another

Mohd. Shakeel Vs State of U.P. and Another

Rafeeq Ahmad Alias Rafi and 2 Ors. Vs State of U.P. and Another

Shafeeq Ahmad and Another Vs State of U.P. and Another