Dismissed

Deepak Yadav v. State of U.P. and 4 Others

Allahabad HC4 Jul 2024A227/4242/2024

Case brief

AI extract

What is this about?

In this Article 227 writ petition, the Allahabad High Court observed that since the disputed property belonged to Kanpur Development Authority and was recorded in Nagar Mahapalika records subsequently acquired by NHAI, the petitioner lacked locus standi. Consequently, the Court found no merit in the petition and dismissed it.

What did the court decide?

The petition under Article 227 was dismissed without interference with the impugned orders regarding the Section 156(3) Cr.P.C. application.

Deepak Yadav vs State of U.P. and 4 Others — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:108800

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 4242 of 2024

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Petitioner :- Deepak Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

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The instant petition under Article 227 of the Constitution of India has been filed with the following prayer:

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"(i) Issue order of quashing the order dated 22.3.2022 passed by M.M. Court No. 6, Kanpur Nagar in Misc. Application No. 119 of 2022 (Deepak Yadav vs. Shivendra Singh) under Section 156(3) Cr.P.C., Police Station Chakeri, District Kanpur Nagar and order dated 03.01.2024 passed by Additional Session Judge/F.T.C., Court No. 41 (Crime against Women's) Kanpur Nagar in Criminal Revision No. 156 of 2022 (Deepak Yadav vs. State of U.P. and another) (Annexure No. 2 and 5 to this petition).

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(ii) Issue order of direction to remand the case directing the learned M.M., Court No. 6, Kanpur Nagar to decide the Misc. Application No. 119 of 2022 under Section 156(3) Cr.P.C. of Police Station Chakeri, District Kanpur Nagar as fresh in according to law."

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It has been submitted by learned counsel for the petitioner that an application under Section 156(3) Cr.P.C. was filed which was rejected by learned court below vide order dated 22.3.2022 and against the said order, petitioner preferred criminal revision which was also rejected by Additional Session Judge/F.T.C., Court No. 43 (Crime against Women's) Kanpur Nagar vide order dated 03.01.2024.

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From perusal of record, it is apparent that the said property belongs to Kanpur Development Authority i.e. Araji No. 62 admeasuring 1970 square yard. It also transpires that the said property is recorded in the records of the Nagar Mahapalika and has been acquired by the National Highway Authority of India for construction purpose.

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Accordingly, the petitioner has no locus to move the said application. No interference is required.

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The petition is devoid of merit and is, accordingly, dismissed.

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Order Date :- 4.7.2024 Puspendra

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

Deepak Yadav v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Deepak Yadav v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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