Disposed

Chandan and 2 Others v. State of Up and Another

Allahabad HC10 Dec 2024A482/20241/2024

Case brief

AI extract

What is this about?

Single bench hearing an application under S. 482 Cr.P.C. to quash criminal proceedings. Court accepted the notice for the State and directed the other respondent to file counter affidavits, subsequently staying further proceedings against the applicants until further orders.

What did the court decide?

Proceedings stayed; notice issued to respondents to file counter affidavits; case listed after eight weeks.

Chandan and 2 Others vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 20241 of 2024

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Applicant :- Chandan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Delay in filing the application is explained.

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Sri Kuldeep Singh Yadav, learned counsel for the applicants and Sri Manoj Kumar Singh, learned A.G.A. for the State are present.

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The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Case No. 4226 of 2018, arising out of Case Crime No. 572 of 2007, under Sections 363, 366 of I.P.C., P.S. Karhal, District Mainpuri, as well as cognizance/summoning order dated 4.1.2008, pending in the Court of Judicial Magistrate-Ist, Mainpuri.

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Learned counsel for the applicants submitted that impugned First Information Report dated 12.9.2007 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that Division Bench of this Court protected the applicants vide order dated 1.11.2007 in Crl. Misc. Writ Petition No. 17789 of 2007. It is further submitted that victim as well as applicant no. 1 are living as husband and wife and out of the wedlock, three children aged about, 16 years 13 years, and 9 years, were born out.

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Prima facie , matter requires consideration.

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

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Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date.

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Learned A.G.A. as well as respondent no. 2 may file their counter affidavits within three weeks.

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Rejoinder affidavit may thereafter be filed within one week.

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List this case after eight weeks.

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

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Order Date :- 18.12.2024 A.P. Pandey

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Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Chandan and 2 Others v. State of Up and Another

Case brief

What is this about?

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Chandan and 2 Others v. State of Up and Another

Case brief

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