Court considered a 482 Cr.P.C. application to quash criminal proceedings allegedly based on false allegations and converted civil property dispute. Notice issued, counter affidavits framed, and proceedings stayed pending further orders.
Notice issued, counter affidavits framed, and proceedings stayed until further orders.
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Court No. - 78
Case :- APPLICATION U/S 482 No. - 26464 of 2024
Applicant :- Manish Swarup And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Prashant Yadav, learned counsel for the applicants and Shri R. K. Singh, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 12337 of 2020 (Vaasdev vs. Manish Swarup and others), under Sections 323, 435, 504, 506 IPC, P.S. Govardhan, District Mathura as well as cognizance/summoning order dated 02.06.2023, pending in the court of Judicial Magistate, Court No. 9, Mathura.
Learned counsel for the applicants submits that the Complaint dated 07.02.2014 [which has been initially filed under Section 156(3) of Cr.P.C.)] has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that there is no injury report and complainant and other persons have not sustained any injury. It is further submitted that a civil suit has been filed by the complainant against the applicants, which has been dismissed in the year 2021. There is property dispute between the parties and the complainant has converted a civil dispute into a criminal case.
Prima facie, matter requires consideration.
Notice on behalf of opposite party no. 1 has been been accepted by the learned A.G.A. for the State.
Issue notice to private opposite party no. 2 through C.J.M. concerned returnable at an early date.
Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within two weeks. Rejoinder affidavit may be filed within one week thereafter.
List after eight weeks.
Until further orders of this Court, further proceedings of aforesaid Complaint Case shall remain stayed against the applicants.
Order Date :- 6.9.2024 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash criminal proceedings initiated on alleged false and frivolous allegations arising from a property dispute.
2 provisions across 2 enactments
Manish Swarup And 4 Others
Sanjay Kumar Pachori
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
