Anil Thomas and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC6 Jun 2024A482/5292/2024

Case brief

AI extract

What is this about?

Application filed under Section 482 Cr.P.C. seeking quashing of a summoning order. The court noted the existence of property disputes and civil litigation pending between the parties. Instead of a final decision, the court issued notice to the opposite party and stayed the criminal proceedings until further orders.

What the court decided

AI extract

Anil Thomas and 5 Others vs State of U.P. Thru. Prin… — Property and Title | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 5292 of 2024

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Applicant :- Anil Thomas And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Salman Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Salman Abbas, learned Counsel for the applicants as well as Shri Vivek Gupta, learned A.G.A. I^st appearing on behalf of the State and perused the records.

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By means of the instant application under Section 482 Cr.P.C., the applicants have sought quashing of the summoning order dated 16.03.2024 passed by the Judicial Magistrate II^nd , Lucknow in complaint no. 5802 of 2022, registered at Police Station - Hasanganj, District - Lucknow, taking cognizance of offences under Sections 406, 323, 504, 506 I.P.C. and summoning the applicants to face the trial of the aforesaid offences.

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The opposite party no. 2 is younger brother of applicant's no. 1, 2 & 5. He has filed the complaints alleging that his father had disinherited the applicants on 25.07.2012 but they continue to reside in the house of the complainant's father against his wishes. The complainants father had executed his last will on 06.07.2013 and had got the same registered. The applicant no. 2 had filed a civil suit against the complainant and his father which was dismissed on 07.03.2016. After dismissal of the civil suit, a complaint was filed by the daughter of the applicant no. 1, in which the parties had entered into a settlement on 14.11.2015.

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The complainant's father died on 21.04.2021 and thereafter, the applicants have put their locks in three rooms of his house and they are pressurizing the complainant to vacate the house.

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From the averments made in the complaint, prima facie it appears that, there is property dispute between descendants of a common ancestor and the complainant has not initiated any civil proceedings for redressal of the grievances of civil nature.

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Learned Counsel for the complainant has pointed out that the opposite party no. 2 has suppressed the fact that the applicants no. 1 & 2 have already filed a civil suit for cancellation of the

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will executed in favour of the complainant which is pending.

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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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Learned Counsel for the applicants shall take necessary steps in this regard within a period of three days.

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Learned Counsel for the opposite parties may file their counter affidavit within a period of two weeks.

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Rejoinder affidavit, if any, may be filed by the applicant's Counsel within 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, the proceedings of complaint no. 5802 of 2022, under Sections 406, 323, 504, 506 I.P.C., registered at Police Station - Hasanganj, District - Lucknow, shall remain stayed.

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Order Date :- 6.6.2024 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

Anil Thomas and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Anil Thomas and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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