Quashed

Banti and 3 Others v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/11084/2024

Case brief

AI extract

What is this about?

High Court quashed a criminal order under Sections 323, 504 IPC passed without notice to a party. The query was remitted to the trial court to pass a fresh order after hearings, citing insufficient evidence and procedural lapses.

What did the court decide?

Impugned order dated 29.08.2023 quashed; matter remitted to trial court for fresh order after notice to opposite party and hearing complainant.

Banti and 3 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124124

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 11084 of 2024

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Applicant :- Banti And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Om Sharan Goswami,Pravesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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None appears on behalf of applicants.

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This Court has requested Vibhav Pandey, Advocate (AOR No. A/V1223/2023) to assist the Court as Amicus Curiae and he has read out contents of complaint, statement of complainant as well as statements of witnesses recorded under Sections 200 and 202 Cr.P.C.

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Learned counsel submits that learned Trial Court has disbelieved the substantial part of allegation since it was not supported by statements recorded under Sections 200 and 202 Cr.P.C. Learned counsel also submits that applicant side is from bride side whereas complainant side is from groom side.

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Learned counsel further submits that in statement of complainant only reference has been made that applicants have abused and committed 'Maar Peet' with him and his wife, however, nature of injuries is not on record. He also submits that offence under Section 504 I.P.C. may also not be made out since there is no argument about nature of insult that it would provoke complainant side to break public peace even nature of insult or words used was also not stated.

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I have carefully perused the impugned order as well as complaint and statement recorded under Section 200 and 202 Cr.P.C. and I find that above referred submissions has merit. The Court also takes note of judgment passed by Supreme Court in Mohammad Wajid and Another Vs. State of U.P. And Others, 2023 SCC OnLine SC 951

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In the aforesaid circumstances, since learned Trial has not only disbelieved substantial part of allegation and statement but has summoned applicants who are four in number including woman on

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basis of sweeping and omnibus statement, without any supporting document such as injury report.

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In the aforesaid circumstances, the impugned order dated 29.08.2023 passed by the Court of learned Additional Civil Judge (Junior Division)/ Judicial Magistrate, Garhmukteshwar, District Hapur in Complaint No.1612 of 2022 (Indrapal Singh Vs. Banti and others), under Sections 323, 504 I.P.C., Police StationBahadurgah, District- Hapur does not survive and accordingly, it is set aside, however, considering that this order is passed without issuing notice to opposite party No.2, therefore, matter is remitted back to learned Trial Court to pass fresh order after taking note of above referred observation and after hearing the complainant.

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Accordingly, application is disposed of with aforesaid observation.

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For valuable assistance of Amicus Curiae Vibhav Pandey, Advocate (AOR No. A/V1223/2023), High Court Legal Services Committee is directed to pay Rs. 2,500/- to him.

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A copy of this order be supplied to applicants on their given address as well as to trial Court.

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Registrar (Compliance) to take steps.

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Order Date :- 1.8.2024 P. Pandey

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Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad

Banti and 3 Others v. State of U.P. and Another

Case brief

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Banti and 3 Others v. State of U.P. and Another

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