Disposed

Alok Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC20 Dec 2024A482/11761/2024

Case brief

AI extract

What is this about?

This single-judge order recorded that the trial for cheating and criminal breach of trust cannot proceed together. Consequently, issue notice to the private respondent and list the matter in February 2025 while staying the proceedings.

What did the court decide?

Notice issued to private respondent; proceedings stayed pending next hearing.

Alok Kumar Srivastava vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11761 of 2024

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Applicant :- Alok Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Anand Kumar Srivastava,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant application has been filed with the following prayer:-

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"To quash the Chargesheet dated 30.06.2024 arising out of Case Crime No.1227/ 2023, under sections 406, 420 506 I.P.C. at Police Station - Kotwali, District Barabanki, as well as cognizance/ summoning Order dated 03.08.2024, passed by Learned Chief Judicial Magistrate, Court No.18, Barabanki in Criminal Case No. 14553/ 2024 'State Vs Alok Kumar Srivastava" including entire criminal proceeding initiated in pursuance thereof."

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Learned counsel for the applicant submits that charge sheet has been submitted by the Investigating Officer for the offence under Sections 420 and 406 I.P.C. along with 506 I.P.C. As it is well settled by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. and Ors. Vs. State of U.P. and Anr. reported in (2024) SCC OnLine SC 2248 , learned counsel for the applicant vehemently submits that trial for criminal breach of trust and cheating cannot run together, hence, indulgence of this Court is required.

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Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute on the legal pronouncement of Hon'ble Apex Court in the case of Delhi

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Race Club (supra).

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Considering the submissions of learned counsel for the parties and going through the contents of the application, judgement relied by learned counsel for the applicant as well as other relevant documents, it is well settled by Hon'ble Apex Court that trial for the offenses of cheating and criminal breach of trust cannot run together. In such circumstances, the matter requires consideration.

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Issue notice to private respondent.

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List this case in the month of February, 2025.

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Till the next date of listing, impugned proceedings shall remain stayed.

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Order Date :- 20.12.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Alok Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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Alok Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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