Disposed

Ashok Kumar Kushwaha v. State of U.P Thru. A.C.S /Prin. Secy. Deptt. Home Govt. Lko. and Another

Allahabad HC4 Mar 2024A482/2063/2024

Case brief

AI extract

What is this about?

This interim order in an Application under Section 482 Cr.P.C. notes the petitioner's claim that the case arises from a civil boundary dispute. The court observes that the main issue appears civil and must be resolved by a revenue or civil court. No final decision was rendered.

What did the court decide?

Notice issued to opposite party no. 2; case adjourned for filing counter affidavit; no coercive steps till next hearing.

Ashok Kumar Kushwaha vs State of U.P Thru. A.C.S… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 2063 of 2024

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Applicant :- Ashok Kumar Kushwaha Opposite Party :- State Of U.P Thru. A.C.S /Prin. Secy. Deptt. Home Govt. Lko. And Another Counsel for Applicant :- Devendra Kumar Pathak,Alok Kirti Mishra,Dharmesh Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Ms. Rupa Singh, learned counsel for the petitioner and Sri Nirmal Kumar Pandey, learned Additional Government Advocate for the State.

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

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Steps be taken within a week.

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Office to proceed accordingly.

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This petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to quash the entire proceedings as well as summoning order dated 17.07.2023 issued by Chief Judicial Magistrate, Lucknow, arising out of Case No. 81034 of 2023, FIR No. 458 of 2020 and chargesheet No. 01 of 2022, dated 21.06.2022 filed under Sections 420, 467, 468, 471, 506, 427 IPC, Police Station PGI, District Lucknow, contained as Annexure nos. 1 and 2 to the petition.

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Learned counsel for the petitioner has stated that the present petitioner is a marginal witness of one transaction and he has nothing to do with the transaction in question. He has further submitted that the learned Sessions Judge, while granting the anticipatory bail to the petitioner and others vide order dated 03.12.2020 (Annexure no. 4), has observed that the dispute in question appears to be a boundary dispute between two Plots and such boundary dispute is having civil character.

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Considering the aforesaid aspect of the issue, it appears that the main dispute in question is relating to the boundary dispute which may be resolved by taking appropriate recourse before appropriate revenue court/civil court.

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Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may also be filed within a period of two weeks thereafter.

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List this petition in the week commencing 22.04.2024.

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Till the next date of listing, no coercive steps shall be taken against the petitioner in Case No. 81034 of 2023 (supra).

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[Rajesh Singh Chauhan,J.]

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Order Date :- 4.3.2024 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar Kushwaha v. State of U.P Thru. A.C.S /Prin. Secy. Deptt. Home Govt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Ashok Kumar Kushwaha v. State of U.P Thru. A.C.S /Prin. Secy. Deptt. Home Govt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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