Application under Section 482 Cr.P.C. filed to quash proceedings and stay a summons. Notice issued to complainant with stay granted pending hearing.
Stay granted on the impugned proceedings and summons order pending final hearing; notice issued to complainant.
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 4566 of 2024
Applicant :- Ranjana Verma And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Applicant :- Umesh Dixit Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Umesh Dixit, learned counsel for the applicants and Sri Ashok Kumar Singh, 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 entire proceedings of Complaint Case No.6374 of 2020, under Section 422 I.P.C., Police Station Madiyaon, District Lucknow as well as summoning order dated 21.01.2024.
Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in a false, frivolous and vexatious case by the opposite party no.2 after a well orchestrated and concerted design to malign and destabilize the clean and impeccable image of the applicants solely with the objective to harass and humiliate the applicants with ulterior motive.
He further submits that the opposite party no.2 happens to be an advocate and there was some financial transaction in respect of fees which was made by the applicant no.2, however, the allegations levelled by the complainant appears to be totally false and fabricated and does not appear to be probable as it is unbelievable that any advocate will pay Rs.1,00,000/- to his client.
He further submits that the learned Magistrate had taken the cognizance in a cursory manner without considering the statements of the witnesses recorded under Section 202 Cr.P.C. It is a ploy by the complainant, who is an advocate, to blackmail the applicants. Thus, he submits that the entire proceedings is nothing but an abuse of process of law. Thus, he prays for interim relief.
The matter requires consideration on the fact and law both.
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 four weeks. Rejoinder affidavit may also be filed within two weeks thereafter.
Put up this case on 15.10.2024 before appropriate Bench.
Till the next date of listing the proceedings of Complaint Case No.6374 of 2020, under Section 422 I.P.C., Police Station Madiyaon, District Lucknow as well as effect and operation of the summoning order dated 21.01.2024 shall remain stayed in respect of the applicants.
Order Date :- 30.5.2024 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Ranjana Verma and Another
State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another
Shamim Ahmed
As recorded by the court registry
4 orders share this CNR
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