Disposed

Anil Kant Gupta @ Anil Gupta v. State of U.P. Thru.Prin.Secy. Home and Another

Allahabad HC22 Apr 2024A482/3612/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. seeking quashing of a complaint case and revision order against a Forest Department officer. Court issued notice, set timelines for affidavits, and meanwhile stayed effect of the summoning order and process qua the applicant.

What did the court decide?

Summoning order dated 16.01.2023 and any process pursuant thereto not to be given effect to qua the applicant until further orders; notice issued with affidavit timeline.

Anil Kant Gupta @ Anil Gupta vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 3612 of 2024

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Applicant :- Anil Kant Gupta @ Anil Gupta Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another Counsel for Applicant :- Puneet Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard Sri Puneet Saxena, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A.-I for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned complaint no.29478 of 2021, Jasmeet Singh vs. N.K. Singh Zila Van Adhikari and others, as well as the impugned order dated 17.02.2024 passed by Additional District and Sessions Judge, Court no.5 District Barabanki in Criminal Revision No.58 of 2023, N.K. Singh and another vs. State of U.P. and another.

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It is submitted by learned counsel for the applicant that the innocent applicant has been falsely implicated in this case because he happens to be an officer in the Forest Department. His further submission is that the allegations levelled against the present applicant also, on the face of it, do not constitute any cognizable offence. He has also submitted that the present applicant is a government servant, therefore, before lodging any case against the present applicant statutory sanctioned ought to have been obtained against him. In order to substantiate his submission, he has placed reliance upon a judgment rendered by Hon'ble Supreme Court in the case of Matajog Dobey vs. H.C. Bhari, 1955 SCC Online SC 44 . He has also brought to the notice of the Court the order dated 20.03.2024, passed by a coordinate Bench of this Court in Application u/s 482 No.2532 of 2024, whereby the entire proceedings of Complaint Case No.29478 of 2021 have been stayed. He, thus, submits that in view of the import of the aforesaid order, whereby the entire proceedings of Complaint Case No.29478 of 2021 have been stayed, the applicant also

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needs to be protected.

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Per contra, learned A.G.A. has vehemently opposed the submission advanced by learned counsel for the applicant. However, he could not dispute the fact that vide order dated 20.03.2024 passed by a coordinate Bench of this Court in Application u/s 482 No.2532 of 2024, the entire proceedings of Complaint Case No.29478 of 2021 has been stayed.

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Having heard learned counsel for parties and keeping in view the submissions advanced by them, the matter requires consideration.

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Notice on behalf of opposite party no.1/State has been accepted by learned A.G.A.

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Issue notice to opposite party no.2, returnable at an early date.

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Steps be taken within a week.

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Let counter affidavit be filed within three weeks.

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A week's time thereafter shall be available to learned counsel for the revisionist to file rejoinder affidavit.

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List immediately after expiry of aforesaid period.

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Meanwhile, impugned summoning order dated 16.01.2023 and any process issued, pursuant thereto, shall not be given effect to qua the present applicant only.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 15.10.2024 A.Dewal

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Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

Anil Kant Gupta @ Anil Gupta v. State of U.P. Thru.Prin.Secy. Home and Another

Case brief

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Anil Kant Gupta @ Anil Gupta v. State of U.P. Thru.Prin.Secy. Home and Another

Case brief

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