Disposed
Beenu @ Rajesh Kumar and Another v. State of U.P. Thru. Secy. Deptt. of Home U.P. Lko. and Another
Allahabad HCA482/11462/2024
What the court decided
AI extract
Outcome
Disposed
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. - 16
Case :- APPLICATION U/S 482 No. - 11462 of 2024
Applicant :- Beenu @ Rajesh Kumar And Another Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home U.P. Lko. And Another
Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1.The petition has been filed under Section 482 CrPC for quashing summoning order dated 12.11.2024 passed by Addl. Civil Judge (S.D.), court No.4, Sitapur in C.I.S. No.7667 of 2024 Sushila Devi versus Beenu and others relating to P.S. Talgaon, district Sitapur as well as the entire proceedings of complaint case under sections 452, 354, 504, 506 I.P.C.
2.Heard learned counsel for the petitioners and learned A.G.A. for the State.
3.Learned counsel for the petitioners submits that while registering the protest petition as a complaint case, learned Addl. Civil Judge vide order dated 15.3.2024 although has given a clear finding that in the case there are no sufficient ground for summoning the accused, however, has still proceeded ahead to convert the protest petition into a complaint case and has summoned the accused persons who are real brothers. The prosecution story as stated by the victim is highly improbable.The statements of the villagers Ram Sanehi and Ram Pal both belie the prosecution story.
It is next submitted that apart from this, there is an old enmity between the parties regarding which, earlier father of the present applicants moved an application before the Station House
Officer, police station Talgaon, district Sitapur regarding theft of boring which was stolen by Sonelal, husband of the complainant. Due to this enmity, now the applicants have been falsely implicated.
4.Considering the argument advanced andperusal of the record, I find that the matter requires consideration.
5.Issue notice to respondent No.2.
Four weeks' time is allowed to file counter affidavit, two weeks then for the rejoinder.
6.List on 10.2.2025.
7.Till further orders of the court, the impugned proceedings shall remain stayed.
Order Date :- 16.12.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Beenu @ Rajesh Kumar And Another
State Of U.P. Thru. Secy. Deptt. Of Home U.P. Lko. And Another
Karunesh Singh Pawar
Krishna Kumar Baranwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court