Aanand Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

Allahabad HC11 Mar 2024A482/2061/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C to quash a summoning order in a complaint case under Sections 452 and 323 IPC concerning digging of a public drain and alleged removal of encroachment by the complainant. Notice issued to opposite party no.2; proceedings stayed until next date.

What did the court decide?

Notice issued; summoning order dated 10.10.2019 and proceedings of Criminal Case No. 1277 of 2019 stayed till next date of listing.

Aanand Kumar and Others vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 2061 of 2024 Applicant :- Aanand Kumar And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Gulam Mustafa, the learned counsel for the applicants and Sri. Rishikesh Verma, the learned A.G.A appearing on behalf of the State.

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By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the summoning order dated 10.10.2019 passed by the court of Additional Chief Judicial Magistrate, Court No.05, Unnao and the entire proceedings of Criminal Case No. 1277 of 2019, under Sections 452, 323 I.P.C. P.S Asivan District Unnao.

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In the complaint lodged by the opposite party no.2 on 12.06.2018, he alleged that the accused persons were digging the drain in front of the door of the complainant's house, inside his Sahan. When the complainant objected to it, the accused persons had beaten him up and abused him and when his wife tried to save him, she was insulted. It is alleged that he accused persons forcibly dug a drain making it difficult for the complainant to move out of his house through the door.

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It has been submitted by the learned counsel for the applicants that the Executive Officer, Nagar Panchayat Hyderabad, District Unnao, had sent a notice on 06.08.2019 to the complainant, stating that he had made some encroachment, due to which the persons residing in the vicinity were experiencing difficulties and he was directed to remove the encroachment made by him. A Sub-Inspector of Police submitted a report to the court in furtherance of the application under Section

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156(3) Cr.P.C filed by the complainant that the complaint has been filed by the complainant being aggrieved by removal of encroachment made by him and construction of a public drain.

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The submission of the learned counsel for the applicants is that the incident occurred in front of the complainant's house and not inside his house and, therefore, the offence under Section 452 I.P.C is not made out as per the allegations of the complainant himself. He further submitted that it is apparent from the notice issued by the Executive Officer, Nagar Palika and the police report that the complaint has been lodged as an abuse of the process of law when action was taken against the complainant for removal of encroachment made by him and for construction of the public drain.

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The matter requires consideration.

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

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The opposite party may file a counter affidavit within a period of two weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

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List this case in the week commencing 22.04.2024.

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Keeping in view the aforesaid facts of the case, it is provided that till the next date of listing, the summoning order dated 10.10.2019 passed by the court of Additional Chief Judicial Magistrate, Court No.05, Unnao and the entire proceedings of Criminal Case No. 1277 of 2019, shall remain stayed.

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(Subhash Vidyarthi,J.)

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Order Date :- 11.3.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Aanand Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

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Aanand Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

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