Disposed

Jitendra Kumar Gupta v. State of Up and Another

Allahabad HC1 Aug 2024A482/21778/2024

Case brief

AI extract

What is this about?

The High Court heard an application under Section 482 CrPC to quash criminal proceedings alleging harassment and conversion of a civil dispute. The court accepted notice from the State, directed issuance of notice to the second opposite party for counter affidavit, and granted an interim stay on proceedings against the applicant pending final orders.

What did the court decide?

Notice issued to opposite party no.2; counter affidavit filed within two weeks; interim stay granted on further proceedings against applicant.

Jitendra Kumar Gupta vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 21778 of 2024

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Applicant :- Jitendra Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Shrivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Anurag Srivastava, learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 5820 of 2022 (State Vs. Jitendra Kumar and others) arising out of Case Crime No. 365 of 2019, under Sections 354 Ga, 323, 506 I.P.C., Police Station- Jalesar, District Etah, as well as cognizance / summoning order dated 07.12.2022, pending in the court of Additional Chief Judicial Magistrate, Jalesar, District Etah.

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Learned counsel for the applicant submits that the first information report dated 14.10.2019 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the opposite party no.2 is real sister of the applicant. It is further submitted that after solemnizing love marriage by the applicant, a civil suit being Original Suit No. 2 of 2022 has been filed by the applicant and his wife for a decree of permanent prohibitory injunction with regard to the dwelling house. It is further submitted that there is no medico legal report as well as statement under Section 164 Cr.P.C. It is further submitted that the first informant converted a civil dispute into a criminal case.

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Prima facie, matter requires consideration.

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

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

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Learned A.G.A. as well as opposite party no. 2 may file their

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counter affidavits within two weeks. Rejoinder affidavit may be filed within one week thereafter.

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List after eight weeks.

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Until further orders of this Court, further proceeding of aforesaid case shall remain stayed against the applicant.

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Order Date :- 1.8.2024 Akram

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Jitendra Kumar Gupta v. State of Up and Another

Case brief

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Jitendra Kumar Gupta v. State of Up and Another

Case brief

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