Disposed

Ram Kripal v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC24 Apr 2024A482/2620/2024

Case brief

AI extract

What is this about?

This interim order in an application under Section 482 CPC directs notice to be issued to the second respondent. The court listed the matter for mediation and conciliation, directed the petitioner to deposit Rs. 2,00,000 with the court, and stayed coercive steps against him until the next hearing.

What did the court decide?

Stay of coercive proceedings; notice to opposite party No.2; case listed for mediation; petitioner to deposit Rs. 2,00,000.

Ram Kripal vs State of U.P. Thru. Prin. Secy. Deptt. of… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 2620 of 2024

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Applicant :- Ram Kripal

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

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Counsel for Applicant :- Vijayendra Prakash Tripathi,Sanjeev Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri V.P. Tripathi, learned counsel for the petitioner and Sri Nirmal Pandey, learned A.G.A.

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Issue notice to opposite party No.2.

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Steps be taken within a week.

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Office to proceed.

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By means of this petition, the petitioner has prayed for the following relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet no. A-73/20, dated 21/02/2021 arising out of case crime no. 20/2020, U/S- 406/420 LP.C. at Police Station- Kotwali Nagar, DistrictFaizabad / Ayodhya, and also prayed for quashing of impugned summoning order dated 13/12/2022 passed by the Chief Judicial Magistrate, Faizabad and also quash the order dated 09/02/2024 by which he has issued non Bailable warrant against the petitioner illegally, arbitrarily and without applying his judicial mind as contained as Annexure No. 1, 2 &3 to this petition.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the proceeding of criminal case no. 14149/2022, arising out of case crime no. 20/2020, U/S- 406/420 I.P.C. at Police Station- Kotwali Nagar, District- Faizabad / Ayodhya pending before Chief Judicial magistrate, Faizabad, in the interest of justice."

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Learned counsel for the petitioner stated that the petitioner and opposite party No.2 had entered into an agreement to purchase one property for that opposite party No.2 had given a sum of Rs.2,00,000/- to the petitioner and it was agreed that at

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the time of sale deed in question, the remaining amount i.e. Rs.3,00,000/- would be paid to him. The property for which the agreement had taken place could not be obtained by the petitioner for the reason that there was some dispute over such property and in a litigation of that property, the petitioner lost the case. Therefore, the petitioner is ready to return a sum of Rs.2,00,000/- to opposite party No.2 in terms of his agreement. He has further submitted that now the opposite party No.2 is asking a sum of Rs.5,00,000/- which cannot be paid to him when admittedly the opposite party No.2 had given a sum of Rs.2,00,000/- to the petitioner then he cannot claim a sum of Rs.5,00,000/-.

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He has further submitted that the matter may be settled amicably, therefore, it may be referred to mediation and conciliation center. For sending any matter to the mediation and conciliation center, the consent of the parties would be required therefore, on the next date, the petitioner and opposite party No.2 shall appear in person.

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On the next date, the petitioner shall come before the court along with a demand draft/bankers cheque of Rs.2,00,000/- in the name of opposite party No.2. The S.H.O., Police Station, Kotwali Nagar, District Faizabad/Ayodhya shall ensure the presence of opposite party No.2 by intimating him the date fixed and learned A.G.A. shall intimate S.H.O., Police Station Kotwali Nagar, Ayodhya about the order for its compliance.

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List this case on 24.04.2024.

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Till the next date of listing, no coercive steps shall be taken against he petitioner pursuant to the Criminal Case No.14149/2022 (supra).

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Order Date :- 19.3.2024 Saurabh Yadav/-

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

Ram Kripal v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Ram Kripal v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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What did the court decide?

What the court decided

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