Disposed

Rajan Kashyap and 3 Others v. State of U.P. Thru. Addil. Chief Secy. Home Civil Secrt. Lko. and Another

Allahabad HC26 Jul 2024A482/2142/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of criminal charges and setting aside the charging order on grounds that civil proceedings rejected similar allegations. The bench adjourned the matter, directed filing of affidavits, and stayed the criminal proceedings until the next hearing.

What did the court decide?

Stayed the criminal proceedings until the next date; directed filing of counter-affidavits within three weeks.

Rajan Kashyap and 3 Others Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 2142 of 2024

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Applicant :- Rajan Kashyap And 3 Others Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Manoj Kumar Dixit,Badrus Sahar Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Manoj Kumar Dixit, learned counsel for the petitioners and Sri Sushil Kumar Pandey, learned AGA for State.

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

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Steps within a week.

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Office to proceed accordingly.

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By means of this petition the petitioners have prayed following relief :

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"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charges framed by Special Chief Judicial Magistrate Custom, Lucknow against the petitioners in case No. 3096/20 State versus Rajan Kashyap and others, under section 420/467/468/471/504/506 I.P.C. arising out of Case crime No. 1162 of 2018 related to police station Ghazipur, District Lucknow and set aside the order dated 10.11.2023 passed by learned Special Chief Judicial Magistrate Custom, Lucknow as contained in Annexure No. 1 and 2 respectively."

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In the present case the F.I.R. u/s 420/467/468/471/504/506 I.P.C has been lodged in the year 2018 bearing Case Crime no. 1162 of 2018. In the same subject matter the opposite party no. 2 has filed a regular suit against the petitioner in the same year i.e. 2018 bearing Regular Suit No. 873 of 2018. The aforesaid regular suit was decided by the Additional Civil Judge, Court no. 22, Lucknow vide judgment and order dated 9.11.2023 whereby the regular suit of the opposite party no. 2 hereto has been rejected. Learned counsel for the petitioner has stated that he is not aware as to whether any appeal has been filed by the opposite party challenging the order dated 9.11.2023 before the appellate court. He has further submitted that the allegations of the regular suit are more or less similar wherein the Special C.J.M. (Customs), Lucknow has framed the charges against the petitioner on 4.12.2023, meaning thereby after the judgment having been passed by the civil court on 9.11.2023 the charges

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have been framed against the petitioners on 4.12.2023. The bare perusal of charge no. 1,2,3 and 4 are concerned, prima-facie it appears that such fact has been appreciated by the learned civil court, though in respect of charge no. 5 and 6 there is no adjudication by the civil court.

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Learned counsel for the petitioners has further submitted that when the allegation of forgery, perjury and fraud etc. has been dealt by the civil court concerned while rejecting the regular suit of the opposite party no. 2 as to how the charge-sheet against the petitioners may be filed before the criminal court and as to how the charges may be framed against him.

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Per contra, Sri Sushil Kumar Pandey, learned AGA has submitted that since the civil proceedings have been concluded after the order dated 9.11.2023 (supra), therefore, it cannot be said that in a same subject matter the parallel civil and criminal proceedings are pending. He has further submitted if there is any factum of fraud, forgery and perjury etc. and the reliable material / substance to that effect is available with the prosecution, the criminal proceedings may very well go on against the petitioners, however, they may take benefit of such order during the course of the trial and learned trial court may examine such plea of the petitioners strictly in accordance with law.

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The matter requires consideration.

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Let the counter affidavit be filed within three weeks, rejoinder affidavit, if any may be filed in one week.

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List this case in the week commencing 22.4.2024 within top ten cases.

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Till the next date of listing the further proceedings of Case No. 3096 of 2020 shall remain stayed against the petitioners.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 15.3.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Rajan Kashyap and 3 Others v. State of U.P. Thru. Addil. Chief Secy. Home Civil Secrt. Lko. and Another

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Rajan Kashyap and 3 Others v. State of U.P. Thru. Addil. Chief Secy. Home Civil Secrt. Lko. and Another

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