Devesh Singh and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Prin. Deptt. Home Govt. Lko and 3 Others

Allahabad HC27 May 2024A482/4910/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a summoning order and charge sheet under Sections 504/506 IPC and the SC/ST Act arising from an FIR alleging a coerced sale deed after the informant's brother's death. The court issued notice to opposite party no. 2 with directions for affidavits and interim stay of coercive action.

What did the court decide?

Notice to opposite party no. 2; no coercive action against applicants till next date of listing.

Devesh Singh and 4 Others vs State of U.P. Thru. Addl… — Caste Atrocities | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 4910 of 2024

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Applicant :- Devesh Singh And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Deptt. Home Govt. Lko And 3 Others Counsel for Applicant :- Neeraj Kumar Rai,Ganesh Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Ganesh Kumar Gupta, learned Counsel for the applicant as well as Shri Angad Vishwakarma, learned A.G.A. appearing on behalf of the State and perused the records.

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Learned A.G.A. has filed counter affidavit in the matter which is taken on record.

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By means of this instant application filed under Section 482, the applicant is seeking quashing of the summoning order dated 24.04.2024 passed by learned Court of Special Judge, S.C/S.T. Act, as well as criminal proceedings which have been initiated in pursuance of the charge sheet dated 05.03.2023, arising out FIR No. 0818 of 2022 under Sections 419, 420, 467, 468, 471, 306, 327, 504 & 506 I.P.C. and Section 3(2)(v) Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered at Police Station - Kotwali Nagar, District - Ayodhya [during course of investigation Sections 419, 420, 467, 468, 471, 306 & 327 IPC and Section 3(2)(5) of S.C. / S.T. Act were dropped and charge sheet has been filed under Sections 504, 506 IPC and Section 3(2)(va) of S.C./S.T. Act].

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The opposite party no. 2 had filed the FIR No. 818 of 2022 in the Police Station - Kotwali Nagar, District - Ayodhya on 23.12.2022, in furtherance of an application under Section 156(3) Cr.P.C., stating that after death of the informant's father, his property devolved upon the informant and his brother. The informant's brother was issueless and his wife had deserted him. On 24.09.2019, the opposite parties got an agreement to sell the informant brother's property executed in favour of the coaccused persons, Rajesh Kumar Yadav and Subhash Pasi by paying Rs. 50,000/- as an advance and the sale consideration agreed was Rs. 5,00,000/-. A sale deed was executed on 30.09.2019. The informant's brother died on 01.11.2021 and on 22.12.2022, the informant filed an application under Section 156(3) Cr.P.C. that the sale deed was not executed by his brother by exercise of his free will after receipt of proper sale

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consideration.

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Learned Counsel for the applicant has submitted that the informant himself has given an affidavit to the Investigating Officer stating that the application under Section 156(3) Cr.P.C. was filed by him having been misled by some persons.

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Learned Counsel for the applicant further submitted that the allegations leveled in the FIR do not make out commission of any offence under S.C. / S.T. Act, as no offence has been committed because of the caste of the victim.

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The matter requires consideration.

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

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Let the applicants' Counsel take steps within an period of three days.

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The opposite parties are granted two weeks time for filing counter affidavit in the matter.

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Rejoinder affidavit, if any, may be filed by the applicants' Counsel in a period of one week thereafter.

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List/Put up this case in the week commencing 22.07.2024.

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Till the next date of listing, no coercive action shall be taken against the applicants in pursuance to the summoning order dated 24.04.2024 passed by learned Court of Special Judge, S.C/S.T. Act, as well as criminal proceedings which have been initiated in pursuance of the charge sheet dated 05.03.2023, arising out FIR No. 0818 of 2022 under Sections 419, 420, 467, 468, 471, 306, 327, 504 & 506 I.P.C. and Section 3(2)(v) Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered at Police Station - Kotwali Nagar, District - Ayodhya [during course of investigation Sections 419, 420, 467, 468, 471, 306 & 327 IPC and Section 3(2)(5) of S.C. / S.T. Act were dropped and charge sheet has been filed under Sections 504, 506 IPC and Section 3(2)(va) of S.C./S.T. Act]

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Order Date :- 7.6.2024 Lokesh Kumar

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[Subhash Vidyarthi, J.]

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Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Devesh Singh and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Prin. Deptt. Home Govt. Lko and 3 Others

Case brief

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Devesh Singh and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Prin. Deptt. Home Govt. Lko and 3 Others

Case brief

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