Disposed

Atul Chauhan and 4 Others v. State of U.P. and Another

Allahabad HC28 Nov 2024A482/17403/2024

Case brief

AI extract

What is this about?

The single judge framed issues and held that the matter prima facie requires consideration. Notices were issued, counter affidavits sought, and proceedings in the underlying criminal case were stayed against the applicants pending further orders.

What did the court decide?

Proceedings in the underlying criminal case stayed against the applicants; notice issued and counter affidavits sought from respondents.

Atul Chauhan and 4 Others vs State of… — Contract and Commercial Disputes | Allahabad HC (2024)

¶1

Court No. - 77

¶2

Case :- APPLICATION U/S 482 No. - 17403 of 2024

¶3

Applicant :- Atul Chauhan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Kumar Dwivedi,Rahul Chaudhary Counsel for Opposite Party :- G.A.,Sanjay Kumar Singh,Sheelendra Kumar

¶4

Hon'ble Sanjay Kumar Pachori,J.

¶5

Heard Shri Rahul Chaudhary, learned counsel for the applicants, Sri Karunakar Singh, learned A.G.A. for the State. No one has appeared on behalf of the opposite party no. 2, even in the revised call.

¶6

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 23894 of 2023 (Rahish Pal Vs. Akash Pandey and others) arising out of Case Crime No. 272 of 2022, under Sections 406, 420 of I.P.C., Police StationEka, District Firozabad, as well as cognizance/summoning order dated 07.07.2023 pending in the court of Additional Civil Judge (Junior Division), Court No. 2, Firozabad.

¶7

Learned counsel for the applicants submits that the first information report dated 08.09.2022 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that as per allegations of the F.I.R. there is a dispute with regard to hypothecation agreement between the parties and the tractor was taken from the possession of the first informant.

¶8

It is further submitted that the present case is related to purely civil nature. In this regard learned counsel for the applicant has also relied upon a case of Apex Court in Anup Sarmah Vs. Bhola Nath Sharma and others (2013) 1 Supreme Court Cases 400, wherein the Supreme Court after relied upon the judgment of Sardar Trilok Singh Vs. Satya Deo Tripathi (1979) 4 SCC 396 and K.A. Mathai Vs. Kora Bibbikutty (1996) 7 SCC 212, observed that the purchaser, under the hire-purchase agreement, remains merely a trustee/ bailee on behalf of the financier/ financial institution and ownership remains with the latter and in case the vehicle is seized by the financier, no criminal action can be taken against him as he is repossessing the goods owned by him.

¶9

Prima facie, matter requires consideration.

¶10

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

¶11

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

¶12

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within two weeks. Rejoinder affidavit may be filed within one week thereafter.

¶13

List after eight weeks.

¶14

Until further orders of this Court, further proceedings of the aforesaid case, shall remain stayed against the applicants.

¶15

Order Date :- 28.11.2024 Ishan

¶16

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Atul Chauhan and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Atul Chauhan and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Deepak Sharma and 2 Others vs Jagdish and 8 Others

Ram Prakash vs State of Up and 2 Others

Tata Aig General Insurance Company Ltd. vs Israr Khan and Another

Sukhdev Nishad vs State of U.P. and 3 Others

Priya Mishra vs Manish Mishra

Manoj vs State of Up and 2 Others