Dismissed

Navneet Kumar Singh @ Neeru and Another v. State of U.P. and Another

Allahabad HC4 Jan 2023A482/41088/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant sought to quash a charge sheet and summoning order alleging encroachment with weapons and threats. The High Court rejected the plea, holding that the allegations of physical intimidation and threat of life rendered the case criminal rather than purely civil.

What did the court decide?

Application under Section 482 Cr.P.C. to quash charge sheet and summoning order dismissed.

Navneet Kumar Singh @ Neeru and Another Vs State… — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Court No. - 71

¶2

Case :- APPLICATION U/S 482 No. - 41088 of 2022

¶3

Applicant :- Navneet Kumar Singh @ Neeru And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anvir Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Sadhna Rani (Thakur),J.

¶5

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet no. 172 of 2022 dated 30.08.2022 under Sections 147, 148, 504, 506, 447 IPC against the applicants arising out of Case Crime No. 93 of 2022 Police Station Narora, District Bulandshahar and further proceeding of Criminal Case No. 1073 of 2022 ( State Vs. Trivendra Kumar and others) and summoning order dated 19.10.2022 pending in the court of Additional Chief Judicial magistrate, Anoopshahr, Bulandshahr.

¶7

It is argued by the learned counsel for the applicants that as per FIR the role assigned to them is that they came equipped with weapons and forcibly tried to encroach upon the plot and when they were resisted, they hurled abuses and showing their weapons gave threat of life. It is also argued that neither the property is in their names nor they have executed any document nor they are the persons, in whose favour the sale deed is executed. The case is purely of civil nature and there is no injury on the person of the first informant. Hence, prayer is made to quash the charge sheet and further proceedings of of Criminal Case No. 1073 of 2022 ( State Vs. Trivendra Kumar and others) and summoning order dated 19.10.2022 pending in the court of Additional Chief Judicial magistrate, Anoopshahr, Bulandshahr.

¶8

Learned A.G.A. has opposed the prayer and submitted that the charge sheet has been filed against the present accused persons.

¶9

It is true that in the FIR the first informant has disclosed himself to be the owner of Khet No. 207 and has claimed relief over Khet No. 201 but from the khatauni on record, it is clear that the first informant is co-tenure holder of Khet No. 201 also. The role assigned to the applicants in the FIR is attempt to make encroachment over the land, hurling abuses, giving threat of life at the point of weapons. The applicants have been summoned

¶10

under Sections 147, 148, 504, 506, 447 IPC so, the role of present applicants is different from that of co-accused Trivendra Kumar. Thus, the applicants cannot take benefit of the order dated 17.05.2022 passed in Criminal Misc. Writ Petition No. 5784 of 2022, when the FIR against them was under Sections 147, 148, 504, 506, 447, 420, 467, 468 and 471 IPC. As there is allegation of hurling abuses, giving threat of life at the point of weapons, it cannot be said to be a case of civil nature. As there are clear allegations against the applicants in the FIR and after investigation, the Investigating Officer has filed charge sheet against the applicants finding the charges to be prima-facie true.

¶11

In view of above, no ground is made out for quashing the charge sheet dated 30.08.2022, proceeding of Criminal Case No. 1073 of 2022 and summoning order dated 19.10.2022.

¶12

The application under Section 482 Cr.P.C. being devoid of merit is hereby rejected.

¶13

Order Date :- 4.1.2023 gp

¶14

Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad

Navneet Kumar Singh @ Neeru and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Navneet Kumar Singh @ Neeru and Another 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

Kailash Chandra and 4 Others Vs State of U.P. and Another

Ravendra Kumar Vs State of U.P and Another

Parvej Alam and 4 Others Vs State of U.P. and Another

Pramod Alias Pappu and 2 Others Vs State of U.P. and Another

Roshan Vs State of U.P. and Another

Sudha Devi and 4 Others Vs State of U.P. and Another