Disposed
Sameer Chaturvedi and 2 Others v. State of U.P. and Another
Allahabad HCA482/17928/2024
What the court decided
AI extract
Outcome
issued notice to opposite party no. 2 and interim order stayed coercive action.
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 17928 of 2024
Applicant :- Sameer Chaturvedi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned AGA for the State.
It has been argued by learned counsel for the applicants that on the ancestral property of applicant no. 1, the opposite party no. 2/complainant and his family members have illegally taken over possession and in that regard applicant no. 1 has made a complaint to the Collector, Mainpuri on 04.01.2023 and one complaint case was also filed on 20.01.2023 and after that the impugned complaint has been filed on 05.04.2023 as a counterblast to those cases. The complainant has not sustained any injury and the allegations of robbery are highly improbable. Referring to the facts of the matter, it was submitted that the impugned proceedings are liable to be quashed.
Matter requires consideration.
Issue notice to opposite party no. 2, returnable at an early date. Steps be taken within a week.
Opposite party no. 2 may file counter affidavit within four weeks.
List on 10.02.2025.
Till the next date of listing, no coercive action shall be taken against the applicants, namely, Sameer Chaturvedi, Mahesh Mishra and Yateesh Chaturvedi @ Moole in complaint case No. 25 of 2023, under Sections 392, 323 IPC, P.S. Kotwali, district Mainpuri, pending in the court of A.S.J./Spl. Judge (D.A.A.), Mainpuri.
Order Date :- 16.12.2024/Anand
Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad
Sameer Chaturvedi And 2 Others
Raj Beer Singh
As recorded by the court registry
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