Naresh Kumar v. State of U.P. Thru Addl. Chief Secy. Deptt. of Home Lko and Anr.

Court No. - 20

Case :- APPLICATION U/S 482 No. - 11038 of 2024

Applicant :- Naresh Kumar

Opposite Party :- State Of U.P. Thru Addl. Chief Secy. Deptt. Of Home Lko And Anr.

Counsel for Applicant :- Satish Kumar Misra Counsel for Opposite Party :- G.A.

Hon'ble Arvind Singh Sangwan,J.

Prayer in this application is for quashing the impugned cognizance/summoning order dated 15.02.2024 passed by the Addl. Chief Judicial Magistrate, Court No. 17, Barabanki, in Criminal Case No. 460/2024, State v. Naresh Kumar & ors., arising out of the F.I.R/ Case Crime No. 0276/2023 under Section 406/420/467/468/471/504/506, I.P.C., P.S. Dewa, District Barabanki, and also the charge-sheet No. 591 of 2023 dated 06.09.2023 submitted in the said case alongwith the entire proceedings of the said case.

The learned counsel inter alia contends that as per F.I.R. Sukesh Rajan, son of the applicant, had offered to sell the land, description of which is given in the F.I.R. It is stated by the informant that sale-deed was executed by Sukesh Rajan himself with the promise that he will develop the area and hand over the possession. Later on, when the informant side wanted to take possession, threats were extended by the applicant, being his father.