Disposed

Ganesh Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Allahabad HC26 Jul 2024A482/2534/2024

Case brief

AI extract

What is this about?

This order in an application under Section 482 Cr.P.C. directed the issuance of notice to the opposite party to file a counter affidavit. The court stayed coercive action against the applicant until the next date of listing and scheduled the matter for hearing shortly.

What did the court decide?

Notice issued to opposite party; coercive action stayed pending next date of listing; case listed for hearing.

Ganesh Gupta and Another vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 2534 of 2024

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Applicant :- Ganesh Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri D.P. Singh Sombanshi, learned counsel for the petitioners and Sri Aniruddh Kumar Singh, learned AGA-I for the 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. Office to proceed accordingly.

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By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed the following main relief:-

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"For the facts, reasons and circumstances mentioned in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned Charge sheet dated 9.8.2023 bearing Charge sheet No. 175/2023 as well as impugned cognizance order dated 19.10.2023 passed by the Learned Additional Chief Judicial Magistrate /F.T.C. Court No.38 Barabanki (State versus Ram Khelawan & others) in Case No.3403/2023 so far it relate to the petitioners in the interest of justice. (Annexure No. 3&4)"

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Learned counsel for the petitioners has stated that the petitioners are marginal witnesses of the transaction in question wherein the purchaser of the property is one Puneet Kumar Gautam. He has further submitted that by means of order dated 10.07.2023 passed in Case No.2468 of 2023, Puneet Kumar Gautam Vs. Ramkhelawan & Others, the Naib Tehsildar, Fatehpur, Barabanki has mutated the property in question in the name of Puneet Kumar Gautam, son of Fakeerey Lal Gautam. He has also submitted that the present petitioners are not named in the FIR, however, during investigation, their name has been implicated. The petitioners have not committed any offence as alleged and they are absolutely unaware as to why they have been implicated in the charge sheet.

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Let counter affidavit be filed within a period of three weeks.

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Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

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List in the week commencing 29.04.2024 within top ten cases and connect with Application U/S 482 No.2567 of 2024.

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Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the aforesaid criminal case.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 18.3.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ganesh Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

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Ganesh Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

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