Disposed

Deepnarayan and 3 Others v. State of U.P. and Another

Allahabad HC14 Nov 2024A482/19802/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings as a counter-blast. While noting a prima facie case exists, the court refused to quash but directed the applicants to file a discharge application within three weeks to avoid coercive action.

What did the court decide?

Leave to apply for discharge; coercive action restrained for three weeks if discharge application is filed.

Deepnarayan and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:178907

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 19802 of 2024 Applicant :- Deepnarayan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 08.11.2023, of Complaint Case No. 119 of 2017 (Gulab Prasad Vs. Arun Kumar and Others), under Sections - 323, 504, 506 I.P.C., Police Station Shahganj, District - Sonbhadra, pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division), F.T.C., Sonbhadra.

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It is submitted by learned counsel for applicants that applicants are innocent and no case is made out against them. Earlier applicant no.4 Neelu Kumari has lodged a first information report against opposite party no.2 and two others and in that matter, charge-sheet was submitted against them and after that impugned complaint has been filed as a counter blast. The complainant has not sustained any injury. Initially, the complaint of opposite party no.2 was dismissed by the learned Magistrate vide order dated 04.10.2017 but the complainant has filed a revision against that order. Thereafter, applicants have been summoned by impugned order dated 08.11.2023. It was stated that impugned proceedings are counter blast and thus, liable to be quashed.

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Learned A.G.A. has opposed the application and submitted that in view of allegations made in the complaint and material on record, a prima facie case is made out against applicants.

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I have considered the rival submissions and perused the record.

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Perusal of record shows that the complaint of opposite party no.2 was dismissed by the learned Magistrate vide order dated 04.10.2017. It appears that complainant has filed a criminal revision (Criminal Revision No. 02/2018) against that order and the revision was allowed and the order dated 04.10.2017 was set aside and matter was remanded back to the learned Magistrate. Thereafter, impugned summoning order dated 08.11.2023 has been passed by the learned Magistrate in compliance of the direction of revisional court. The order of the Session court passed in Criminal Revision No. 02/2018 is not being challenged in the instant application. In the absence of challenge to that order, it cannot be said that impugned order is suffering from any patent illegality or abuse of the process of Court.

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However, the applicant would be at liberty to move an application for discharge and may raise his pleas therein. It is directed that in case applicants move an application of discharge before the court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, no coercive action shall be taken against the applicants, provided the applicants co-operate in early disposal of discharge application.

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With aforesaid observations, the application u/s 482 Cr.P.C. is disposed of .

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Order Date :- 14.11.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Deepnarayan and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Deepnarayan and 3 Others v. State of U.P. and Another

Case brief

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