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

Allahabad HC20 Dec 2024A482/11781/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a summoning order and chargesheet in an IPC case arising from a pending civil suit. The court found the matter required consideration, issued notice to the private respondent for February 2025, and stayed the impugned proceedings in the interim.

What did the court decide?

Impugned proceedings in Crl. Case No. 207 of 2024 stayed until further orders; notice to private respondent.

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

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11781 of 2024

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Applicant :- Ashok Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another

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Counsel for Applicant :- Ajeet Kumar,Rajkumar Chaurasia 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 set aside the impugned summoning order dated 12.4.2017 passed by the Chief Judicial Magistrate, Room No.21, Sultanpur in Crl. Case No. 207 of 2024 arising out of case crime no.432/2016, under section 447, 504, 506 I.P.C of Police Station Kadipur, District-Sultanpur and also set aside the impugned chargesheet as contained in Anmnexure No.1 & 4 to this Petition and to stay the entire proceedings of pending Crl. Case No. 207 of 2024 arising out of case crime no.432/2016, under section 447,504,506 I.P.C of Police Station Kadipur, District-Sultanpur before Judicial Magistrate, Kadipur, Sultanpur."

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Learned counsel for the applicants submits that a civil suit is pending between the parties since 2015. It is only with the intention to make pressure on the applicants, an application under Section 156 (3) Cr.P.C. was filed and thereafter, F.I.R. of case in question was lodged in compliance of the directions of the learned Magistrate. In the aforesaid application, charge sheet was submitted in the most mechanical manner by the Investigating Officer.

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Learned counsel for the applicants has relied on the decision passed by the Hon'ble Apex Court in the case of Usha Chakraborty Vs. State of West Bengal reported in SLP (Crl.)

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No. 5866 of 2022, and therefore, kind indulgence of this Court is required.

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Learned A.G.A. vehemently opposes the prayer of the applicants and submits that after detailed investigation, charge sheet has already been filed, but he does not dispute this fact on the basis of documents annexed with the petition that a civil suit is pending between the parties since 2015.

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Considering the submissions of learned counsel for the parties and going through the contents of the petition as civil suit is pending between the parties since 2015, therefore, the matter requires consideration.

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Issue notice to private respondent.

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

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Until further orders, 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

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

Case brief

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

Case brief

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