Tahmeena Sajid v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

Allahabad HC30 May 2024A482/5045/2024

Case brief

AI extract

What is this about?

Application under Section 482 seeking quashing of a second complaint case on the same facts as an earlier pending complaint. Court issued notice to opposite party no.2 and stayed proceedings of the second complaint against the applicants until next listing.

What did the court decide?

Interim stay of proceedings in Complaint Case No.3336 of 2023 pending before ACJM-I, Lucknow, in respect of the applicants till next hearing.

Tahmeena Sajid vs State of U.P. Thru. the Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 5045 of 2024

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Applicant :- Tahmeena Sajid Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Prashant Kumar,Shailaja Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Shri Prashant Kumar, learned counsel for the applicant and Shri Ankit Kumar, learned AGA for Staterespondent no.1.

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Learned counsel for the applicant submits that the opposite party no.2 had earlier instituted one complaint case before the Chief Metropolitan Magistrate, Kanpur, which was registered as Complaint Case No.2324 of 2022 against the applicant and his family members. The said complaint case is still pending before the concerned Court. When she did not get any positive order in her favour, then with malafide intention and only with intention to harass the petitioner, another complaint case on the same facts of the case was filed before the Additional Chief Judicial Magistrate-I, Court No.25, Lucknow, which was registered as Complaint Case No.3336 of 2023, a copy of both the complaint cases are filed as Annexure Nos.1 and 2, respectively, to the affidavit filed in support of the application.

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Learned counsel for the applicant submits that filing of both the complaint cases before two different districts regarding same cause of action is nothing but an abuse of process of law and the intention of the opposite party no.2 is very clear that her intention is only to harass the applicant and his entire family members and to falsely implicate them in the cases, whereas several other cases are also going on between the parties. Thus, he prays for interim relief.

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The matter requires consideration on the fact and law both.

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Learned A.G.A. has appeared for the State i.e. opposite party no.1.

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Issue notice to the opposite party no.2 through R.P.A.D.

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Steps in this regard be taken within a period of ten days from today.

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Learned A.G.A. for opposite party no.1 as well as opp. party no. 2 are allowed 4 weeks' time to file counter affidavit. 2 weeks' time thereafter is allowed to the applicants for filing rejoinder affidavit, if any.

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9. Put up this case on 30.09.2024.

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Till the next date of listing the proceedings of Complaint Case No.3336 of 2023 pending in the Court of Additional Chief Judicial Magistrate-I, Court No.25, Lucknow shall remain stayed in respect of the present applicants.

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(Shamim Ahmed, J.)

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Order Date :- 30.5.2024 Arnima

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

Tahmeena Sajid v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

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Tahmeena Sajid v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

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