Disposed

Javed Ahmad Khan and Another v. State of U.P. Thru. Addil. Chief Secy. Home Prin. Secy. Civil Secrt. Lko. and Another

Allahabad HC19 Jan 2024A482/476/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed by Javed Ahmad Khan and another seeking quashing of criminal proceedings and summoning order in Criminal Case No. 10862/2023. Court directed notice to opposite party and stayed coercive action pending hearings.

What did the court decide?

Stayed coercive action against applicants till the next date of listing; directed opposite party to file counter affidavit within four weeks.

Javed Ahmad Khan and Another vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 476 of 2024

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Applicant :- Javed Ahmad Khan And Another Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Home Prin. Secy. Civil Secrt. Lko. And Another Counsel for Applicant :- Wali Nawaz Khan,Harsh Vardhan Kediya Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Wali Nawaz Khan, learned counsel for the petitioners and Sri Aniruddh Kumar Singh, learned AGA-I for the State.

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

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Steps within a week. Office to proceed accordingly.

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By means of this petition filed under Section 482 Cr.P.C, the petitioners have prayed the following main reliefs:-

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"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings as well as the consequential proceedings of Criminal Case No.10862/2023 (Tauheed Ahmad v. Parvez Ahmad etc.) pending under Section 452, 427, 323, 504, 506 Indian Penal Code, 1860 (hereinafter referred to as "the IPC"), Police Station- Kotwali Nagar, Sultanpur before the Learned Court of Additional Civil Judge (Senior Division) First/ Additional Chief Judicial Magistrate, Sultanpur.

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It is further prayed that summoning order, dated 08.11.2023, passed by the Learned Court of Additional Civil Judge (Senior Division) First/ Additional Chief Judicial Magistrate, Sultanpur in Criminal Case No. 10862/2023 (Tauheed Ahmad v. Parvez Ahmad etc.), whereby, the applicants have been summoned under Section 452, 427, 323, 504, 506 IPC, Police Station- Kotwali Nagar, Sultanpur as accused, be also quashed.

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It is further prayed to put in abeyance the effect, operation and implementation of the impugned summoning order, dated 08.11.2023, passed by the Learned Court of Additional Civil Judge (Senior Division) First/ Additional Chief Judicial Magistrate, Sultanpur in Criminal Case No. 10862/2023 (Tauheed Ahmad v. Parvez Ahmad etc.), whereby, the applicants have been summoned under Section 452, 427, 323, 504, 506 IPC, Police Station- Kotwali Nagar, Sultanpur.

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It is further prayed to stay the effect and implementation of the order, dated 04.01.2024, whereby bailable warrant has been issued against Applicants, in Criminal Case No. 10862/2023 (Tauheed Ahmad v. Parvez

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Ahmad etc.). whereby, the applicants have been summoned under Section 452, 427, 323, 504, 506 IPC, Police Station- Kotwali Nagar, Sultanpur, pending before Learned Court of Additional Civil Judge (Senior Division) First/ Additional Chief Judicial Magistrate, Sultanpur.

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It is also prayed that this Hon'ble Court may kindly pass/issue any other order or direction, protecting the rights and interest of the applicant, which it deems just, fit and proper, considering the facts and circumstances of the present case."

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Learned counsel for the petitioners has stated that the petitioners have been falsely implicated in the case. In the instant case, the complaint has been filed against the petitioners after five days of filing of the charge sheet against opposite party no.2. Opposite party no.2 is having ulterior motive and extraneous design in his mind has filed a false and fictitious complaint against the petitioners. Petitioner no.2 is serving as Chief Engineer, Public Works Department. In para-10 of the petition and in Ground-O, the petitioners have categorically indicated that the statement of the second witness, Quddus was recorded before the Magistrate on 10.10.2023 under Section 202 Cr.P.C. i.e. after lapse of around five and half years of the alleged incident in question.

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Matter requires consideration.

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Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

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List this petition in the week commencing 18.03.2024.

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Till the next date of listing, no coercive action shall be taken against the petitioners in Criminal Case No.10862 of 2023 (supra).

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[Rajesh Singh Chauhan,J.]

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Order Date :- 19.1.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Javed Ahmad Khan and Another v. State of U.P. Thru. Addil. Chief Secy. Home Prin. Secy. Civil Secrt. Lko. and Another

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Javed Ahmad Khan and Another v. State of U.P. Thru. Addil. Chief Secy. Home Prin. Secy. Civil Secrt. Lko. and Another

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