Jitendra and 2 Others Vs State of Up and Another

Neutral Citation No. - 2024:AHC:186508

Court No. - 85

Case :- MATTERS UNDER ARTICLE 227 No. - 13016 of 2024 Petitioner :- Jitendra And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Satya Narayan Gupta,Yogendra Pal Singh

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Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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1 Heard Sri Yogendra Pal Singh, learned counsel appearing on behalf of petitioners and learned A.G.A. for the State.

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The instant petition has been preferred with the following prayers:-

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"i. To set aside the impugned order dated 04.04.2024 passed by the learned court of Session Judge, Muzaffar Nagar in Criminal Revision No. 231 of 2022 (Jitendra Singh and Others Vs. Shivkumar and Another).

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ii. To set aside the impugned order dated 23.08.2022 passed by the learned court of Judicial Magistrate/Civil Judge, Budhana, Muzaffar Nagar, in Case No. 679/9 of 2019 (Shivkumar Vs. Jitendra and Others), under Sections 420, 323, 504, 506, 406 IPC, Police Station Budhana, District Muzaffar Nagar.

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iii. To issue any order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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iv. Award the cost of the petition to the petitioners."

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The factual matrix which has been submitted by learned counsel for the petitioners is apparent through the record appended alongwith petition and as such process of issuing notice to respondent no. 2 is hereby dispensed with.

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Learned counsel for the petitioners submitted that civil litigation has already been preferred by respondent no. 2 wherein after receiving notices petitioner preferred written statement and the same is pending to be adjudicated finally by learned concerned court. Learned counsel for the petitioners also submitted that the matter in shape of preferring civil suit is arising out of certain transaction which took place between the parties and the suit for

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specific performance preferred at the behest of respondent no. 2. Narrating the same grievances a criminal complaint no. 679/9 of 2019 is also instituted by respondent no. 2 wherein petitioners have been summoned vide order dated 23.08.2022 in pursuance to sections 420, 323, 504, 506, 406 of IPC.

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Being aggrieved with the order dated 23.08.2022 petitioner preferred Criminal Revision No. 231 of 2022 (Jitendra and Others Vs. Shivkumar and Other) by way of narrating the same facts preciously during pendency of suit for specific performance criminal complaint at the behest of respondent no. 2 is not maintainable but the same ground is declined by the learned revisional court by way of passing the order dated 04.04.2024 which impugned the present petition.

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On precious argument raised by learned counsel for the petitioners submitted that the geneses of the matter relates to a civil suit which have been given criminal colour by way of filing criminal complaint at the behest of respondent no. 2 and the same is unwarranted, so far as the dispute persists between the parties is still to be adjudicated finally by learned court concerned in shape of Original Suit No. 22 of 2019.

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Considering the above facts and circumstances, let the trial court may proceed with case no. 679/9 of 2019 (Shivkumar Vs. Jitendra and Others), under Sections 420, 323, 504, 506, 406 IPC, Police Station Budhana, District Muzaffar Nagar in pursuance to summoning order dated 23.08.2022 and expedite the same preferably within a period of 12 months on giving proper opportunity of hearing to both the parties and no unnecessary adjournment shall be extended unless the same is unavoidable.

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However, it is made clear that till the disposal of the proceedings of the aforementioned complaint case no. 679/9 of 2019 (Shivkumar Vs. Jitendra and Others), no coercive action shall be taken up against the petitioners herein.

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It is also made clear that both the parties shall render their full cooperation to the learned court concerned for achieving the direction as made above.

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With the aforesaid direction instant petition is hereby disposed of accordingly.

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Order Date :- 27.11.2024 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Jitendra and 2 Others v. State of Up and Another

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