Rajat Pratap Singh and 2 Others v. State of Up and Another
Case brief
What is this about?
Single bench notice order in an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. Court directs issuance of notice to Opposite Party no.2, permits counter-affidavit, stays coercive actions, and lists the matter.
What the court decided
Court No. - 75
Case :- APPLICATION U/S 482 No. - 18093 of 2024
Applicant :- Rajat Pratap Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alkesh Singh,Vivek Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
- Supplementary affidavit filed by learned counsel for the applicants is taken on record.
- Heard learned counsel for the applicants and learned AGA for the State.
- This application under Section 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 23.11.2018, of Complaint Case No.55 of 2012 (Suresh Vs. Rajat Pratap and others), under Section 395 IPC, Police StationKurawali, District- Mainpuri, pending before the Court of Additional Session Judge/Special Judge Dacoity, Mainpuri.
- It has been submitted by learned counsel for the applicants that regarding an incident of 28.01.2010, father of applicants has lodged first information report under Sections 307, 324, 504 IPC against opposite party no.2 and his family members. Thereafter, the opposite party no.2 has moved an application under Section 156(3) Cr.P.C., making false allegation and first information report of the impugned case was registered on 02.05.2010. After investigation, police have found the said incident false and thus the closure report was submitted in favour of applicants. The opposite party no.2 has preferred a protest petition, which was registered as a complaint case and thereafter applicants were summoned by the
Issues for consideration
3 issues framed by the court
Whether the application under Section 482 Cr.P.C. for quashing criminal proceedings is maintainable.
Whether notice needs to be issued to the opposite party before deciding the application.
Whether coercive action should be stayed till the next date of listing.
Parties & counsel
- applicant
Rajat Pratap Singh And 2 Others
- respondent
State of U.P.
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/18093/2024
All orders in this case
3 orders share this CNR
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