Application under Section 482 CrPC seeking quashment of charge-sheet and proceedings in a money dispute case. Court stayed proceedings pending counter affidavits and listed the matter.
Stay of criminal proceedings against the applicant till the disposal of the petition pending filing of counter affidavits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 15
Case :- APPLICATION U/S 482 No. - 10316 of 2024
Applicant :- Dan Bahadur Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Dilip Kumar Mishra,Prashant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Instant application has been filed with following prayers:-
"a) Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge-sheet and summoning order dated 04.07.2024 and further consequential proceedings passed in FIR No. 0480/2023, under Section 420, 504 and 506 IPC, Police Station Ghazipur District-Lucknow pending in the Court of Special Chief Judicial Magistrate (Custom), Lucknow placed as Annexure No. 1 and 2 to this petition in the interest of justice.
b) It is further prayed that in the meantime the proceeding of impugned chargesheet, summoning order and further consequential proceedings of FIR No. 0480/2023, under Section 420, 504 and 506 IPC, Police Station Ghazipur District- Lucknow pending in the Court of Special Chief Judicial Magistrate (Custom), Lucknow placed as Annexure No. 1 and 2 may kindly be stayed till the disposal of the petition in the interest of justice."
Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant matter. He submits that there was a money dispute in between the parties, for which the first information report was lodged. He submits that notice was also sent by the complainant on 10.03.2023, wherein, it was stated that an amount of Rs. 15,00,000/- will be paid within fifteen days, failing which he shall proceed further. He submits that Rs.15,00,000/- has already been paid by the present applicant to the complainant, which is evident at page 69 of the application. He submits that prior to the aforesaid order passed, the chargesheet was filed and the matter proceeded. He submits that now there is no dispute in between the parties and the applicant is being harassed for his no fault and thus, submission is that the criminal proceedings against the applicant may be quashed.
Learned counsel for the State has opposed the submission vehemently and submits that the applicant is involved in committing offence thus, the applicant is not entitled for any relief.
Matter requires consideration.
Let notice be issued to opposite party no. 2, returnable at an early date.
Steps be taken within a week.
If steps are taken, office shall proceed accordingly.
List/put up this matter in the week commencing 16.12.2024.
In the meantime, the State as well as opposite party no. 2, may file their counter affidavits.
Till the next date of listing, criminal proceedings of Case Crime No. 0480 of 2023, under Sections 420, 504 and 506 IPC, Police Station Ghazipur District-Lucknow, shall remain stayed, so far as the present applicant is concerned.
Order Date :- 18.11.2024 Mayank
Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the criminal proceedings against the applicant arising from a money dispute should be quashed on the ground of settlement and false implication.
Dan Bahadur Yadav
State Of U.P. Thru. Prin. Secy. Home Lko
Another
Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
