Dismissed

Shiv Kumar Mishra and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Allahabad HC25 Jul 2023/6406/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 CrPC seeking quashing of criminal proceedings initiated by an FIR alleging Section 506 IPC offences. The court noted a pending civil suit and rejected the petition due to reluctance to deposit the required mediation sum.

What did the court decide?

The application stands dismissed; no coercive steps are taken pending the next date, but the prayer is rejected.

Shiv Kumar Mishra and Another Vs State of U.P. Thru… — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:48961

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 6406 of 2023

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Applicant :- Shiv Kumar Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another

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Counsel for Applicant :- Sandeep Kumar Singh,Bharat Bhushan Singh,Ram Chandra Dwivedi

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Counsel for Opposite Party :- G.A.,Alok Kirti Mishra,Devendra Kumar Pathak

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.

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This application has been filed for quashing the charge sheet dated 07.12.2022, summoning order dated 23.01.2023 passed in Case No. 850 of 2023 as well as order dated 26.04.2023 passed in Criminal Revision No. 78 of 2023 arising out of F.I.R. No. 353 of 2022, under Sections 323, 352, 427, 504, 506 I.P.C., P.S. Patti, District Pratapgarh.

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On 7th July, 2023, following order was passed.

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"1. Vakalatnama filed by Shri Alok Kirti Mishra, Advocate on behalf of the respondent no. 2 is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel appearing for respondent no. 2.

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Learned counsel for the applicants is permitted to correct the description of F.I.R. in the memo as well as in the prayer clause of the application, during the course of the day.

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The present application has been filed with a prayer to quash the charge sheet dated 07.12.2022, revisional order dated 26.04.2023 passed in Criminal Revision No. 78 of 2023 as well as summoning order dated 23.01.2023 passed in Case No. 850 of 2023 arising out of F.I.R. No. 353 of 2022, under Sections 323, 352, 427, 504, 506 I.P.C., P.S. Patti, District Pratapgarh.

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Learned counsel for the applicants submits that a civil dispute is going on in between the parties before the Civil Judge (Junior Division), Pratapgarh and a Original Suit No. 907 of 2012 is also pending. It is further submitted that only with the intention to make pressure on the applicants, on the basis of fabricated medical report, the F.I.R. has been lodged by the informant by abusing his position as a practicing Advocate. Thereafter, the impugned charge sheet has been filed without considering the statement of the applicants. It is lastly submitted that there is

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every possibility of settlement, if the case is sent to Mediation Center of this Court.

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Learned A.G.A. as well as learned counsel appearing for respondent no. 2 do not have any objection, in case, the matter is sent to Mediation Center.

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Considering the arguments advanced by the learned counsel for the applicants, learned A.G.A. and learned counsel for respondent no. 2 as well as going through the contents of application and other relevant documents, it is evident that a Originial Suit No. 907 of 2012 is pending before the Civil Judge (Junior Division), Pratapgarh, in between the parties.

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In view of above, it is appropriate to send the matter to Mediation Center of this Court.

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List this case on 25.07.2023.

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On the next date, applicants as well as respondent no. 2 shall appear before this Court.

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Till the next date of listing, no coercive steps shall be taken against the applicants in pursuance to the impugned proceedings.

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In the meantime, the applicants shall deposit a sum of Rs. 10,000/- before the Senior Registrar of this Court."

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In pursuance of the aforesaid order, applicants as well as respondent no. 2 are present before this Court and have been duly identified by their respective counsel.

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Learned counsel for the applicants submits that applicants have falsely been implicated in the present case. It is further submitted that the F.I.R. was lodged due to some property dispute and, therefore, indulgence of this Court is necessary.

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Learned A.G.A. as well as learned counsel for respondent no. 2, on the other hand, while opposing the prayer of the applicants, submit that during the course of investigation, statement of injured as well as his injury report was considered by the Investigating OfÏcer and thereafter filed the charge sheet, on which, the court below has taken cognizance and passed the summoning order dated 23.01.2023. It is also submitted that against the said order, Revision No. 78 of 2023 (Shiv Kumar Vs. State of U.P.) was preferred by the applicants, which has also been dismissed by the revisional court. It is, thus, submitted that the application is liable to be dismissed.

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Considering the arguments advanced by the learned

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counsel for the applicants, learned A.G.A. as well as learned counsel for respondent no. 2 and going through the contents of application, impugned orders and other relevant documents, it is evident that the orders impugned have been passed after considering the statement of the injured as well as the injury report. Further, as it is informed that the applicants are reluctant to deposit the amount for mediation proceedings, as ordered earlier, the chances for settlement of the matter in between the parties through mutual consent also washed out.

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In view of above, no case for interference is made out. The application, accordingly, stands dismissed.

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Order Date :- 25.7.2023 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shiv Kumar Mishra and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

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Shiv Kumar Mishra and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

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