Disposed

Devi Shankar Goswami v. State of U.P. Thru. Prin.Secy. Addl. Chief Secy. Home Civil Sectt. Lko. and Another

Allahabad HC12 Feb 2024A482/1246/2024

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. petition seeking quashing of criminal proceedings, the Court issued an interim order staying coercive action against the applicant. It directed the opposite party to file a counter-affidavit within three weeks and listed the matter for further hearing.

What did the court decide?

Stay on coercive steps against the applicant pending filing of counter-affidavit. Notice issued to opposite party.

Devi Shankar Goswami vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 1246 of 2024

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Applicant :- Devi Shankar Goswami Opposite Party :- State Of U.P. Thru. Prin.Secy. Addl. Chief Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Ajeet Kumar,Ganesh Nath Mishra,Yash Raj Girdhar Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Ajeet Kumar, learned counsel for the petitioner and Sri Vishwanath Nishad, learned AGA for the State.

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Issue notice to opposite party no.2 returnable at an early date.

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Steps within a week. Office to proceed accordingly.

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By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed the following main reliefs:-

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"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge-sheet dated 15.8.2023 filed by the police in Case Crime No.0184/2023, under Section 420, 504, 506 I.P.C., Police Station-Karnailganj District- Gonda as well as summoning order dated 21.9.2023 passed by the Chief Judicial Magistrate, Gonda in Criminal Case No. 19095/23 arising out of case crime No.0184/2023 in case críme No.0184/2023, under Section 420, 504, 506, 386 I.P.C., Police Station-Karnailganj District- Gonda contained in Annexure No.1 and 2 to this petition.

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This Hon'ble Court further be pleased to quash the entire criminal proceedings of case crime No.0184/2023, under Section 420, 504, 506 I.P.C., Police Station-Karnailganj District- Gonda, pending before Chief Judicial Magistrate, Gonda."

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Learned counsel for the petitioner has submitted that the petitioner has purchased the agricultural land through sale deed and after the aforesaid sale deed, he started to sell out some piece of land to some other persons. Since the petitioner was bonafide purchaser with consideration of the land in question and he sold out some piece of land to some other persons out of that land with consideration but the private opposite party and some other antisocial elements having ulterior motive and

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extraneous design in his mind lodged various FIRs on the same allegations. He has further submitted that no suit for cancellation of sale deed has been filed by any of the parties and only to harass the petitioner, the criminal proceedings have been initiated. If there is any substance on the allegation of the private opposite party, recourse of civil litigation may be adopted but so as to settle the civil dispute, if any, the criminal proceedings may not be initiated as such proceedings would be misuse of the process of the Court. He has drawn attention of this Court towards Annexure No.9 of the petition, which are orders of this Court passed in Application U/S 482 Nos.93 of 2024, 9704 of 2023, 10749 of 2023, 10732 of 2023 and order of co-accused- Ramji passed in Application U/S 482 No.75 of 2024, whereby on the similar and identical allegations, this Court has granted interim order.

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Let counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

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List in the week commencing 18.03.2024 alongwith Application U/S 482 Nos.93 of 2024, 9704 of 2023, 10749 of 2023, 10732 of 2023 and 75 of 2024.

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Till the next date of listing, no coercive steps shall be taken against the petitioner pursuant to the aforesaid criminal case.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 12.2.2024 RBS/-

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

Devi Shankar Goswami v. State of U.P. Thru. Prin.Secy. Addl. Chief Secy. Home Civil Sectt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Devi Shankar Goswami v. State of U.P. Thru. Prin.Secy. Addl. Chief Secy. Home Civil Sectt. Lko. and Another

Case brief

What is this about?

What did the court decide?

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