Disposed

Akhtar Ovaishi v. State of U.P. and Another

Allahabad HC9 Sept 2024A482/14911/2024

Case brief

AI extract

What is this about?

Summoning order charging applicant under Sections 406 and 420 IPC was challenged as legally unsustainable since both sections cannot operate simultaneously. Relying on cited precedent, the High Court set aside the summoning order and remanded for a fresh order considering the three-member report and the earlier final report in the FIR outcome.

What did the court decide?

Impugned summoning order dated 26.2.2024 set aside; matter remanded to trial court for fresh order within three months after hearing complainant.

Akhtar Ovaishi vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146027

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 14911 of 2024

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Applicant :- Akhtar Ovaishi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Mishra Counsel for Opposite Party :- G.A.,Som Veer,Virendra Kumar Srivastava

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Amit Kumar Mishra, learned counsel for applicant and Sri Som Veer, learned counsel for the complainant.

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At this stage, it is not under much dispute that offences under Sections 406 and 420 I.P.C. may not go simultaneously.

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Learned counsel for applicant has placed reliance on a judgment passed by Supreme Court in Delhi Race Club (1940) Ltd. & Ors. Vs. State of Uttar Pradesh & Anr, 2024 INSC 626 as well as of this Court in application under Section 482 No.22840 of 2024 Ashutosh Ojha & Anr. Vs. Sate of U.P. & Anr. Neutral Citation No.2024:AHC:140772.

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Aforesaid legal position has not been disputed by learned counsel for the complainant.

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In aforesaid circumstances, impugned summoning order dated 26.2.2024 whereby applicant has been summoned under different sections passed by Additional Chief Judicial Magistrate, Court No.1, Agra, in Complaint Case No.2572 of 2018 (Narayan Singh Vs. Akhar Ovaishi & Ors) under Sections 406 and 420 I.P.C. Police Station-Sikandra, Distrit-Agra pending in the Court of Additional Chief Judicial Magisrate, Court No.1, Agra, is hereby set-aside and matter is remanded back to learned Trial Court to

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pass a fresh order after within a period of three months from today after hearing the complainant and while passing fresh order, learned Trial Court will also take note of Three Member report dated 30.5.2018 as well as that on same set of offence, outcome of F.I.R. was resulted in Final Report which was accepted.

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With aforesaid direction, this application is disposed of.

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Registrar (Compliance) to take steps.

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Order Date :- 9.9.2024 SB

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Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad

Akhtar Ovaishi v. State of U.P. and Another

Case brief

What is this about?

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Akhtar Ovaishi v. State of U.P. and Another

Case brief

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