Quashed

Sachin Kumar v. State of U.P. and 4 Others

Allahabad HC26 May 2023A227/353/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the court quashed an order dated 11.10.2022 by the Executive Magistrate/Additional Deputy Commissioner of Police that directed police to initiate proceedings under Section 145 Cr.P.C. The court held the police lacked jurisdiction to exercise powers under this section and remanded the matter for proper legal procedure.

What did the court decide?

Impugned order dated 11.10.2022 laid down by the respondent Magistrate was quashed and directed to proceed in accordance with law.

Sachin Kumar Vs State of U.P. and 4 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118585

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Court No. - 80

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Case :- MATTERS UNDER ARTICLE 227 No. - 353 of 2023

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Petitioner :- Sachin Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atul Srivastava Counsel for Respondent :- G.A.,Moeez Uddin

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Hon'ble Siddharth,J.

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Heard Sri Atul Srivastava, learned counsel for the petitioner; learned AGA for opposite party nos. 1 to 3; Sri Moeez Uddin, learned counsel for opposite party nos. 4 & 5 and perused the material on record.

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This Misc. writ petition under Article 227 of the Constitution of India has been filed praying for setting aside the order dated 11.10.2022 passed by the Executive Magistrate/Additional Deputy Commissioner of Police, Commissionerate, Gautam Buddh Nagar,, respondent no.2 in Case no. 5 of 2022-OB-21/22/145, under Section 145 Cr.P.C. (Sachin Kumar Vs. Ved Pal and others).

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Learned counsel for the petitioner submits that there is preliminary decree passed in proceeding under Section 116 of U.P. Revenue Code in favour of the petitioner but the respondent nos. 4 and 5 were forcibly trying to cut the crops sown by the appellant. Therefore, an application under Section 145 Cr.P.C. was moved by the petitioner before the respondent no.2 praying for initiating proceeding against the respondent nos. 4 & 5. The respondent no.2 called report from police, wherein police submitted that there is dispute between the parties and proceedings under Sections 151/107/116 Cr.P.C. has been initiated against the parties and submitted report for initiating proceedings under Section 145 Cr.P.C. However, the respondent no.2 did not passed any order on the application of the petitioner under Section 145 Cr.P.C. and directed the Inspector In-charge of police Station Dhankaur, Commissionerate Gautam Buddh Nagar that he himself should visit the place of dispute and initiate legal proceedings at his own level.

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Learned counsel for the petitioner has submitted that order passed by the respondent no.2 is without jurisdiction. The police cannot exercise the powers under Section 145 Cr.P.C.

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Learned AGA and learned counsel for opposite party no.4 & 5 are unable to dispute the submissions made by learned counsel for the petitioner.

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In view of the above, impugned order 11.10.2022 passed in the aforesaid case is hereby quashed.

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Respondent no.2 is directed to consider the report of the police and thereafter proceed in the matter in accordance with law under Section 145 Cr.P.C.

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This petition is allowed.

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Order Date :- 26.5.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Sachin Kumar v. State of U.P. and 4 Others

Case brief

What is this about?

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Sachin Kumar v. State of U.P. and 4 Others

Case brief

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