Application under Section 482 CrPC to quash prosecution alleging false implication due to political rivalry. Court rejected immediate quashing, directed issuance of notice, filing of counter-affidavits within four weeks, and stayed the impugned summon order temporarily pending further proceedings.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 10077 of 2024
Applicant :- Aman Wallia Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Pranjal Krishna,Aman Prakash,Shahla Zubair Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash applicant's entire criminal prosecution in the Complaint Case No. 96 of 2024 (Pawan Kumar Vs. Neeraj Alias Neeru And Others) under Sections 323, 506 & 506 IPC Section 3(1)(r) and 3(1)(s) SC/ST Act along with quashing of the conizance order dated 02.03.2024 passed in Complaint Case No. 96 of 2023 and further quashi9ng of all the subsequent orders through which summon has been issued against the present applicant in Complaint Case No. 96 of 2023 (Pawan Kumar Vs. Neeraj Alias Neeru And Others) under Sections 323, 506 & 506 IPC Section 3(1)(r) and 3(1)(s) SC/ST Act."
(Ajai Kumar Srivastava-I,J.)
Order Date :- 11.11.2024 (Manoj K.)
Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the quashing application under Section 482 CrPC regarding a false implication arising from political rivalry should be decided at the initial stage or whether notices and counter-affidavits sh
Whether the alleged incident occurred in a place within public purview for the purpose of offences under Section 3(1)(r) and 3(1)(s) of SC/ST Act.
Colour shows how this judgement treated each authority
Hitesh Verma Vs. State of Uttarkhand And AnotherReferred¶10
Hitesh Verma Vs. State of Uttarkhand And Another (2020) 10 SCC 710 · Who else cites this
2 provisions across 2 enactments
Aman Wallia
State Of U.P. Thru. Prin. Secy. Lko.
Ajai Kumar Srivastava
Manoj Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
Ajai Kumar Srivastava and Manoj Kumar
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