Disposed

Anil Kumar Agrawal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 9 Others

Allahabad HC9 Dec 2024A482/11129/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC filed to quash orders regarding property dispute where applicant alleges FIR was lodged to create pressure. Court accepted submissions, issued notice to respondent, stayed proceedings, and listed matter for January 2025.

What did the court decide?

Stayed the proceedings till the next date; issued notice to private respondent.

Anil Kumar Agrawal vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11129 of 2024 Applicant :- Anil Kumar Agrawal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 9 Others Counsel for Applicant :- Ravindra Kumar Yadava,Chandra Shekhar Agnihotri Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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

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The present application has been filed with the prayer to quash the order dated 27.09.2024 passed in Criminal Revision No.577/2018 (Anil Kumar Agrawal Vs. State of UP and Ors.) by Additional Sessions Judge, Lucknow as well as rejection order dated 19.07.2018 passed in Misc. Case No.0003104/2015 (Anil Kumar Agarwal Vs. Sri Gagan Gurnani and Ors.) by Additional Chief Judicial Magistrate (Special Court, Ayodhya matter), Lucknow.

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Learned counsel for the applicant submitted that the property in question was purchased by the mother of the applicant through registered sale deed on 12.04.1988 from H.R. Gurnani, owner of the said property, since then, the applicant was also in possession over the said property. But after the death of H.R. Gurnani, the property was sold out by the private respondent to another person and only with the intention to make pressure, FIR of case in question was lodged, thereafter, under the garb of present prosecution, possession of aforesaid property was also taken by private respondent and later on, it was sold out to someone-else. All these facts were brought into the notice of Investigating Officer but the same was not considered and charge sheet was submitted in the most mechanical manner, which is clear violation of Para 107 of UP Police Regulations, therefore, kind indulgence of this Court is necessary.

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Learned AGA has vehemently opposed the prayer of applicant and submitted that after detailed investigation, charge sheet has been submitted and all these defence of applicant cannot be considered at this stage, therefore, the present application is liable to be dismissed.

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Considering the submissions of learned counsel for the parties, going through the contents of application, as well as other relevant documents, it is evident that on 12.04.1988,

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registered sale deed was executed by H.R. Gurnani, owner of the property in dispute, in favour of mother of applicant, therefore, matter requires consideration.

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Issue notice to the private respondent returnable at an early date.

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List this case in the third week of January, 2025.

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Till the next date, impugned proceeding shall remain stayed. Order Date :- 9.12.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Anil Kumar Agrawal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 9 Others

Case brief

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Anil Kumar Agrawal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 9 Others

Case brief

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What did the court decide?

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