Choge @ Ram Kumar vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Another

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5558 of 2024

Applicant :- Choge @ Ram Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another

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Counsel for Applicant :- Manoj Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Manoj Sahu, learned counsel for the applicant and Sri Ganesh Dutt Bhatt, learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.2806 of 2019, under Sections-419, 420 IPC, Police StationKotwali Dehat, District-Bahraich, pending in the court of Chief Judicial Magistrate, Faizabad as well as summoning order dated 12.03.2024.

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Contention of learned counsel for the applicant is that after the death of one Ayodhya, the applicant being his distant relative and also care taker of deceased Ayodhya moved an application dated 30.10.2012 for mutating his name in the land being Khata No.55 which belongs to deceased Ayodhya. Thereafter, opposite party no.2 had also filed an application/objection claiming the right over the property of Ayodhya but both the applications were rejected on 08.05.2018 and land was vested in the State as the land in question was given to the deceased Adyodhya on lease by the Gram Sabha. Now, just to harass the applicant, opposite party no.2 has filed the impugned complaint which is nothing but abuse of process of court.

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Matter requires consideration.

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

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List in the week commencing 12.08.2024.

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Till the next date of listing, proceeding against the applicant in the aforesaid case, shall remain stayed.

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Order Date :- 24.6.2024

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S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench

Choge @ Ram Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Another

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Choge @ Ram Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Another

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