Allowed

Nemchand v. State of Up and 8 Others

Allahabad HC2 Jul 2024A227/7803/2024

Case brief

AI extract

What is this about?

The Court exercised supervisory jurisdiction under Article 227 to set aside orders rejecting a Section 156(3) Cr.P.C. application. The Court directed the lower court to reconsider the application in light of the petitioner's claim of being in police custody and under duress when executing the alleged sale deed.

What did the court decide?

Orders rejecting application under Section 156(3) Cr.P.C. set aside; direction to reconsider and pass appropriate order.

Nemchand vs State of Up and 8 Others — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:113788

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 7803 of 2024

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Petitioner :- Nemchand Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Aktar Ahmed Siddiqui Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Second supplementary affidavit on behalf of the petitioner filed today in the Court is taken on record.

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Heard learned counsel for the petitioner, learned A.G.A. 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 for quashing the impugned order dated 17.10.2023 passed by learned Judicial Magistrate, Rampur and also the impugned order dated 03.04.2024 passed by Sessions Judge/ Fast Track Court, Rampur in Criminal Revision No. 213 of 2023 (Nemchand Vs. Puran Singh and Others)

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Learned counsel for the petitioner submits that petitioner was put under pressure and was in the police custody when the alleged sale deed was executed. It has further been pointed out that the said sale deed was executed on 21.01.2023 at 1:35 P.M. while on the same day he was challaned under Sections 151, 107, 116 Cr.P.C. and was released on bail at 2:15 P.M., which very well indicates that the alleged sale deed was executed under duress and pressure. Despite the aforesaid facts, the application of the petitioner moved under Section 156(3) Cr.P.C. was rejected and criminal revision filed against the same was also rejected.

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From perusal of the record it appears that the offence is cognizable in nature.

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Considering the aforesaid facts and circumstances, the orders dated 17.10.2023 and 03.04.2024 are hereby set aside with the direction to the court concerned to reconsider the application of the petitioner moved under Section 156(3) Cr.P.C. and pass appropriate order in accordance with law.

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With the aforesaid direction and observation the writ petition is allowed.

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Order Date :- 16.7.2024 Abhishek Singh

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

Nemchand v. State of Up and 8 Others

Case brief

What is this about?

What did the court decide?

Nemchand v. State of Up and 8 Others

Case brief

What is this about?

What did the court decide?

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