Disposed
Ajendra Kumar Sonker v. State of U.P. Thru. Prin. Secy. Deptt. of Finance Lko. and Another
Allahabad HCA482/4294/2024
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Disposed
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 4294 of 2024
Applicant :- Ajendra Kumar Sonker Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Finance Lko. And Another Counsel for Applicant :- Ram Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Ram Kumar Singh, learned counsel for the applicant and Sri Hari Shanker Bajpai, learned A.G.A.-I for the State.
The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned proceedings of Criminal Case No.3842 of 2023, Charge Sheet dated 30.12.2022 and summoning order dated 01.08.2023 passed by learned Chief Judicial Magistrate, Sitapur in Case Crime No.469 of 2022, under Sections 420, 467, 468, 471 I.P.C. and Section 2/3 of Prevention of Damages of Public Property Act, 1984, Police Station Kotwali Sitapur, District Sitapur.
Learned counsel for the applicant submits that the applicant is a reputed person in the society and he has been falsely implicated in the present case due to rivalry. He further submits that the impugned proceedings pending before the learned trial court are totally arbitrary and illegal and the same have been instituted without considering the material evidence available on record. Thus, he submits that entire criminal proceedings initiated against the applicant may be quashed.
On the other hand, learned A.G.A.-I for the State submits that purely disputed question of fact is involved in the present case and the parties have already involved in several litigation before this High Court as well as other competent court and even though some of the documents have also not been annexed by the applicant i.e. copy of the sale deed. Thus, he submits that before passing of any interim order, the State may also be given some time to file counter affidavit.
The submission made by learned A.G.A.-I for the State appears to be genuine.
Learned A.G.A.-I has accepted notice on behalf of the State i.e. opposite party no.1.
Issue notice to the opposite party no.2 through R.P.A.D.
returnable at an early date.
Steps in this regard be taken within ten days from today.
Learned A.G.A.-I as well as opposite party no.2 may file counter affidavit within three weeks. Rejoinder affidavit may also be filed within two weeks thereafter.
Put up this case on 10.07.2024 before appropriate Bench.
Order Date :- 10.5.2024 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
Ajendra Kumar Sonker
State Of U.P. Thru. Prin. Secy. Deptt. Of Finance Lko.
Shamim Ahmed
As recorded by the court registry
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