Chaman Singh Alias Chaman Bansal and 4 Others v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/24918/2024

Case brief

AI extract

What is this about?

Held interlocutorily that notice be issued to respondent no.2 for the applicant's Section 482 Cr.P.C. application seeking quashing of lower court orders, with instructions to file counter affidavits and stay of impugned orders till the next hearing.

What did the court decide?

Stay of the impugned order dated 05.07.2024 and the summoning order dated 25.01.2024 till the next hearing date of 12.11.2024.

Chaman Singh Alias Chaman Bansal and 4 Others vs State of… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 24918 of 2024

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Applicant :- Chaman Singh Alias Chaman Bansal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakhar Saran Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned AGA for the State-opposite party no.1 and perused the record.

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This application U/s 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 05.07.2024 passed by Additional District Judge/Fast Track Court-II, Gautam Budh Nagar in Criminal Revision No. 83 of 2024 and the impugned summoning order dated 25.01.2024 passed by the Additional Chief Judicial Magistrate-Third, Gautam Budh Nagar in Complaint Case No. 10076 of 2023 (Garvita Yadav Vs. Chaman Bansal and others), under Sections 323, 504, 354 IPC, P.S. Beta-II, Gautambudh Nagar.

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Learned counsel for the applicants states that the husband of respondent no.2 had borrowed Rs.17,75,000/- for one year from the applicant no. 5. The description of the transaction is forming part of the agreement dated 22.10.2021 entered into between applicant no.5 and the husband of respondent no.2. The counsel for the applicants further states that the husband of respondent no.2 had given a cheque of Rs.18,00,000/- to the applicant no. 5, which was dishonoured due to insufficiency of funds from the drawers bank, situated at State Bank of India, Branch Khairthal, Tehsil Khairthal, District Khairthal (earlier District Alwar), Rajsthan and the proceedings under Section 138 of the Negotiable Instruments,

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Act is pending trial before the Civil/Judicial Magistrate, Kishangarh, Bas, District Khairthal Tijara, (earlier District Alwar), Rajsthan. He next submits that to pressurize the respondent no.2 to withdraw the complaint case under Section 138 N.I. Act, the instant proceedings have been initiated by Shri Virendra Bahadur Yadav at the behest of his wife Garvita Yadav (respondent no.2).

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Needless to mention that the applicants no.1 to 5 are working in C.R.P.F. and they are resident of Greater Noida, District Gautambudh Nagar, U.P. The applicants no.1 to 4 have no concerned whatsoever with the husband of respondent no.2 and they have been arrayed as an accused to pressurize the applicant no.5 to withdraw the proceedings of N.I. Act.

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Matter requires consideration.

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Issue notice to respondent no.2 returnable at an early date. Steps be taken within one week.

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All the respondents may file their respective counter affidavits within a period of four weeks. Rejoinder affidavit if any, may be filed within two weeks, thereafter.

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List on 12.11.2024 as fresh before appropriate Bench.

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On the next date of hearing, the matter shall not be treated as tied up/part heard to this Bench.

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Till the next date of hearing, the impugned order dated 05.07.2024 passed by Additional District Judge/Fast Track CourtII, Gautam Budh Nagar in Criminal Revision No. 83 of 2024 and the impugned summoning order dated 25.01.2024 passed by the Additional Chief Judicial Magistrate-Third, Gautam Budh Nagar

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in Complaint Case No. 10076 of 2023 (Garvita Yadav Vs. Chaman Bansal and others), under Sections 323, 504, 354 IPC, P.S. Beta-II, Gautambudh Nagar, shall remain stayed.

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Order Date :- 1.8.2024 Prajapati

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(Justice Vinod Diwakar)

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Chaman Singh Alias Chaman Bansal and 4 Others v. State of U.P. and Another

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Chaman Singh Alias Chaman Bansal and 4 Others v. State of U.P. and Another

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