Disposed

Satrohan Prasad Alias Balai v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Allahabad HC29 Nov 2024A482/10741/2024

Case brief

AI extract

What is this about?

Applications for quashing criminal proceedings and challenging summoning orders were admitted. Interim stay was granted pending filing of counter affidavit and further arguments.

What did the court decide?

Proceedings of the instant matter were stayed; notice issued to opposite party; time granted to file counter and rejoinder affidavits.

Satrohan Prasad Alias Balai vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 10741 of 2024

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Applicant :- Satrohan Prasad Alias Balai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

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The present application has been filed by the applicant seeking following main relief:-

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"Wherefore, it is most humble Court may kindly be pleased to present writ petition under section 482 Cr.P.C./528 BNSS of 2023 is being filed for Quashing of Proceeding and Challenging the Impugned order dated 18.10.2014 in S.T. No. 27/2018 arising out of Case Crime Number- 191A/2015, U/S- 323, 325, 504, 506 I.P.C., Police Station- Katra Bazar, Gonda, passed by additional Session Judge No.-4/Special Judge E.C. Act, Gonda as well as Summoning order dated 05.11.2024 in Criminal Misc. Case No. 539/2024, Namely (State V/S Satrohan Prasad @ Balai) U/S 344 Cr.P.C. Police Station Katra Bazar District- Gonda, summon by Additional Session Judge Court No.4/Special Judge E.C. Act Gonda. A certified copy impugned Order Dated- 18.10.2024 and summoning order dated05.11.2014 are being annexed here with as Annexure No. 1 & 2 to this petition."

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For the purposes of entertaining the present petition and seeking interim protection, learned counsel for the applicant has placed reliance on the judgment dated 14.07.2023 passed by this Court in APPLICATION U/S 482 No. 24945 of 2023 (Ram Kumar vs. State of U.P. and another) and prayed for indulgence of this Court in the instant matter.

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Taking note of the aforesaid, this Court is of the view that the matter requires consideration.

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Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

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As prayed, learned AGA is granted three weeks' time to file counter affidavit in the matter. One week's time thereafter shall be available to be applicant's counsel to file rejoinder affidavit.

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List/put up this application in the month of January, 2025.

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Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicant.

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In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicant.

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Order Date :- 29.11.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Satrohan Prasad Alias Balai v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

Satrohan Prasad Alias Balai v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

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