Disposed
Satendra and 2 Others v. State of U.P. and Another
Allahabad HCA482/25020/2024
What the court decided
AI extract
Outcome
Disposed
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 25020 of 2024
Applicant :- Satendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeshwar Prasad Sinha Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Rajeshwar Prasad Sinha, learned counsel for the applicants and Sri Tej Bhan Singh, learned A.G.A. for the State are present.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Case arising out of Case Crime No. 404 of 2018, under Sections 420, 467, 468, 471, 427, 506 of I.P.C., P.S. Vrindaban, District Mathura, as well as cognizance/summoning order dated 18.9.2023, pending in the Court of C.J.M., Mathura.
Learned counsel for the applicants submitted that impugned First Information Report dated 24.3.2018 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicants. It is further submitted that as per the allegations of F.I.R., applicants executed a sale deed of a plot in favour of first informant without any right, title or interest. It is further submitted that after taking possession, first informant constructed a boundary wall on the plot and some persons stolen submersible starter from there. It is further submitted that case is related to purely civil in nature. It is further submitted that charge sheet has not been submitted under Section 379 of I.P.C. Fist informant converted the civil dispute into a criminal case.
Prima facie , Matter requires consideration.
Notice on behalf of respondent no. 1 has been accepted by learned A.G.A.
Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date.
Learned A.G.A. as well as respondent no. 2 may file their counter affidavits within three weeks.
Rejoinder affidavit may thereafter be filed within one week.
List this case after eight weeks.
Until further orders, further proceedings of aforesaid case shall remain stayed against the applicants.
Order Date :- 24.10.2024 A.P. Pandey
Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether a prima facie consideration is required before accepting the quashing application under S. 482 Cr.P.C.
1 provisions across 1 enactments
Satendra And 2 Others
State of U.P.
Second Opposite Party
Sanjay Kumar Pachori
As recorded by the court registry
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