Sonu Alias Ajay Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko. and 2 Others

Allahabad HC15 Feb 2024A482/1363/2024

Case brief

AI extract

What is this about?

Petition to quash an SDM's preventive-law notice issued without compliance with sections 107-110 Cr.P.C., citing prior successful 482 petitions and anticipatory bail. Court sought State instructions, listed the matter, and restrained coercive steps against the petitioner till next listing.

What did the court decide?

Interim: no coercive steps against petitioner pursuant to the impugned order/notice dated 18.01.2024 until the next date of listing (4.3.2024).

Sonu Alias Ajay Kumar vs State of U.P. Thru. Addl. Chief… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 1363 of 2024

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Applicant :- Sonu Alias Ajay Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko. And 2 Others Counsel for Applicant :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Pal Singh Yadav, learned counsel for the petitioner and Sri Sanjay Kumar Yadav, learned AGA for State.

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By means of this petition the petitioners have prayed following relief :

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to summon the record from opposite party no. 2 and quash the impugned order/notice dated 18.01.2024 passed by opposite party no. 2, Sub Divisional Magistrate, Fatehpur, District Barabanki, Contained as Annexure no 1 to this petition.

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It is further prayed that till disposal of instant application further proceeding pending before learned Sub Divisional Magistrate Fatehpur District Barabanki be stayed in the interest of justice."

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Learned counsel for the petitioner has submitted that the impugned notice u/s 111 Cr.P.C. has been issued by the opposite party no. 2 without following the mandatory compliance of the provisions of section 107 to 110 Cr.P.C. He has also stated that earlier such impugned notice was issued against the petitioner and others and those impugned notice / order has been assailed before this Court by filing petition u/s 482 Cr.P.C. bearing Application U/S 482 No. 354 of 2022 (Munni Lal and another vs. State of U.P. and another) & Application U/S 482 No. 538 of 2022 (Munni Lal and 19 others vs. State of U.P. & others) and in both the cases the petition of the petitioner was allowed. Not only the above in respect of one case bearing Case Crime No. 63 of 2021 u/s 147, 149, 307, 323, 336, 353 IPC, section 2/3 Public Property (Prevention of Damage) Act and section 7 Criminal Law Amendment Act, P.S. Ghunghter, District Barabanki this Court granted anticipatory bail to the petitioner vide order dated 2.11.2022 in re: Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7271 of 2021 (Sonu & Ajay Kumar and another vs. State of U.P.). Learned counsel for the petitioner has stated that the petitioner is being harassed time and again by the authorities for the reason best known to them but he has not committed any offence.

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The matter requires consideration.

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Learned AGA prays for and is granted two weeks time to seek complete written instruction sin the matter and, if possible, may file short counter affidavit.

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List this case on 4.3.2024 within top ten cases.

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Till the next date of listing no coercive steps shall be taken against the petitioner pursuant to the impugned order / notice dated 18.1.2024 (supra).

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(Rajesh Singh Chauhan, J.)

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Order Date :- 15.2.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Sonu Alias Ajay Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko. and 2 Others

Case brief

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Sonu Alias Ajay Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko. and 2 Others

Case brief

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