Smt. Suman and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC13 Mar 2024A482/2359/2024

Case brief

AI extract

What is this about?

Single judge order setting a procedure to decide the quashing of criminal proceedings alleging cheating and criminal breach of contract. The court issues notice to the respondent and stays the impugned cognizance order for six weeks.

What did the court decide?

Stay on impugned order of cognizance and summoning issued by Chief Judicial Magistrate, Ambedkar Nagar dated 04.11.2023 till further orders.

Smt. Suman and Another vs State of U.P… — Contract and Commercial Disputes | Allahabad HC (2024)

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Court No. - 29

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Case :- APPLICATION U/S 482 No. - 2359 of 2024

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Applicant :- Smt. Suman And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Niyaj Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Niyaj Ahmad, learned counsel for the applicants and Shri S. P. Tiwari, learned AGA for the State.

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The applicants and the opposite party no. 2 entered into an agreement for sell of the disputed parcel of land. The opposite party no. 2 failed to deposit the consideration amount and resiled from his obligations under the contract. The applicants were bonafide sellers who had no intent to cheat at the very inception of the contract or at any other stage. The entire amount which was paid to the applicants was duly returned to the first informant who had received the same without demur. The property was thereafter sold for appropriate consideration to a third party.

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Even if the prosecution case is taken on its face value, no prima facie commission of offences under Sections 419, 420, 406 I.P.C. are disclosed. The dispute is of a civil in nature. The criminal proceedings instituted by the opposite party no. 2 is an abuse of process of the court and is being leveraged to blackmail the applicants.

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Matter needs consideration.

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Issue notice to opposite party no. 2 by RPAD as well as by regular process, returnable within a period of six weeks.

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Respondents to file counter affidavit within a period of four weeks. Two weeks time thereafter is granted to the applicants to file rejoinder affidavit.

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List after six weeks.

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Till further orders of this Court, effect and operation of the impugned cognizance and summoning order dated 04.11.2023 passed by the learned Chief Judicial Magistrate, Ambedkar Nagar and further proceedings of Criminal Case No. 14962 of 2023 arising out of Case Crime No. 102 of 2023 under Sections 419, 420, 406 I.P.C. relating to Police Station Jalalpur, District Ambedkar Nagar, shall remain stayed.

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In the meantime, the applicant to bring all other relevant documents in the record.

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Order Date :- 13.3.2024 Dhananjai

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

Smt. Suman and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Smt. Suman and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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