Sadhu Sharan Singh and Others v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Civil Secrt. Lko. and Another

Allahabad HC12 Mar 2024A482/2111/2024

Case brief

AI extract

What is this about?

Application seeking quashing of summoning order in family/quasi-civil dispute over land sold and resold. Court stayed summoning order pending counter affidavits and notice.

What did the court decide?

Stayed the summoning order dated 13.12.2023 and further proceedings under Sections 420 and 504 IPC pending notice and affidavits.

Sadhu Sharan Singh and Others vs the State of U.P… — Property and Title | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 2111 of 2024

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Applicant :- Sadhu Sharan Singh And Others Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Civil Secrt. Lko. And Another Counsel for Applicant :- Dinesh Kumar Ayra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Dinesh Kumar Arya, the learned counsel for the applicant, Ms. Charu Singh, the learned AGA for the State and perused the record.

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By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the summoning order dated 13.12.2023 as well as the further proceedings under Sections 420, 504 IPC in Complaint Case No. 27281/2023 pending before the learned Chief Judicial Magistrate, Lucknow.

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The opposite party no. 2 had filed an application under Section 156(3) Cr.P.C. on 12.12.2022 against the applicant stating that he had purchased a plot of land from the applicant no. 1 on 14.01.2004. Subsequently, on 14.12.2020, the applicant no. 1 executed a sale deed in favour of the applicant no. 2 in respect of a part of the land which had already been sold to the complainant and that the accused persons were trying to take possession of the land on the basis of the sale deed.

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The learned Chief Judicial Magistrate treated the application under Section 156(3) Cr.P.C. as a complaint and on 13.12.2023, he passed an order summoning the applicants to face trial for offences under Sections 420 & 504 IPC. It is recorded in the order dated 13.12.2023 that the complainant got statement of himself only recorded and no other witness was produced by him in support of the allegations.

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Assailing the validity of the aforesaid order, the learned counsel for the applicant has submitted that the averments made in the application under Section 156(3) Cr.P.C., at the most, make out a civil dispute which may give rise to filing of a suit and initiation of criminal prosecution on such facts is a gross abuse of the process of law.

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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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Two weeks' time is granted to opposite parties to file counter affidavit. Two weeks' time thereafter shall be available to the applicants to file rejoinder affidavit.

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List in the week commencing 22.04.2024.

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Till the next date of listing, as an interim measure, the proceedings of summoning order dated 13.12.2023 as well as the further proceedings under Sections 420, 504 IPC in Complaint Case No. 27281/2023 pending before the learned Chief Judicial Magistrate, Lucknow, shall remain stayed.

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Order Date :- 12.3.2024

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Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sadhu Sharan Singh and Others v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Sadhu Sharan Singh and Others v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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