Disposed

Rajesh Alias Rajesh Kumar and Another v. State of U.P. Thru. Its Home, Secy. Deptt. of Home, Lko. and Another

Allahabad HC13 Feb 2024A482/1314/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC challenging proceedings over IPC offences, the court directed the Special Chief Judicial Magistrate to verify a compromise deed and order listed the matter for fresh hearing while staying coercive action pending verification.

What did the court decide?

Direction to Special Chief Judicial Magistrate to verify compromise deed; listing for fresh hearing; no coercive action pending.

Rajesh Alias Rajesh Kumar and Another vs State of… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 1314 of 2024

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Applicant :- Rajesh Alias Rajesh Kumar And Another Opposite Party :- State Of U.P. Thru. Its Home, Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Anand Kumar Sharma,Vaibhav Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Sri Akash Rai, Advocate has filed vakalatnama on behalf of opposite party no.2 today which is taken on record.

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Heard Sri Vaibhav Sharma, learned counsel for the applicants and Sri Akash Rai, learned counsel for the opposite party no.2, learned AGA and perused the record.

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By means of the present application, the applicants are assailing the legality and validity of the impugned charge sheet dated 17.12.2010 as well as impugned cognizance and summoning order order dated 25.02.2011 and all subsequent proceeding of Criminal Case No. 842 of 2011 arising out of case crime no. 476 of 2010, under Sections 323, 504, 506 IPC, P.S. Malihabad, District Lucknow pending in the court of Special Chief Judicial Magistrate (Custom), Lucknow.

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Learned counsel for the applicants submits that better sense has been prevailed between the contesting parties and they have buried their differences and dispute and the parties have come to terms. The compromise deed dated 25.01.2024 signed by Bhagwan Dae and Rajesh @ Rajesh Kumar and Tej Ram, which is annexed as Annexure No.6 to the affidavit accompanying the application.

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The aforesaid proceeding is pending in the Court of Special Chief Judicial Magistrate (Custom), Lucknow under Sections 323, 504, 506 IPC, P.S. Malihabad, District Lucknow.

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Under these circumstances, it is imperative that the compromise deed should be verified.

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Under these circumstances, both the parties are required to appear in person before the Special Chief Judicial Magistrate (Custom), Lucknow on or before 22.02.2024, who shall verify the covenants of the compromise and signatories of the compromise deed and then pass a suitable orders after verifying the covenants of the same.

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Let Special Chief Judicial Magistrate (Custom), Lucknow is requested to verify the covenant and signatories of the compromise deed and pass a suitable order over it.

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Thereafter, learned counsel for the applicants is also required to file supplementary affidavit before this court annexing the order on compromise passed by the court concerned within a week thereafter.

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Put up this case as fresh on 29.02.2023.

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In order to facilitate the compromise and its process, no coercive action shall be taken against the applicants till the next date of listing.

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The Registry is directed to hand over the certified copy of the compromise deed to the learned counsel for the applicant after having the photocopy of the same within 48 hours.

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Order Date :- 13.2.2024

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Abhishek Sri

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Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Alias Rajesh Kumar and Another v. State of U.P. Thru. Its Home, Secy. Deptt. of Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

Rajesh Alias Rajesh Kumar and Another v. State of U.P. Thru. Its Home, Secy. Deptt. of Home, Lko. and Another

Case brief

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What did the court decide?

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