Disposed

Suresh Chandra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC25 Jun 2024A482/5588/2024

Case brief

AI extract

What is this about?

The single-judge bench of Allahabad High Court marked an application under Section 482 Cr.P.C. for interim hearing. The court stayed the proceedings under Sections 111/112/107/116 Cr.P.C. pending the filing of a counter-affidavit by the State and a rejoinder by the applicant.

What did the court decide?

Proceedings under Section 111/112 Cr.P.C. stayed pending filing of counter-affidavit by State and rejoinder.

Suresh Chandra and Another vs State of U.P. Thru. Prin… — Property and Title | Allahabad HC (2024)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 5588 of 2024

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Applicant :- Suresh Chandra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Applicant :- Rankaj Kumar Vishwakarma Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard Sri Rankaj Kumar Vishwakarma, counsel for the applicants, Sri Anirrudha Kumar Singh, learned AGA-I for the State and perused the record.

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Instant application has been filed with the prayer to quash the entire proceedings of impugned notice dated 20.05.2024, issued by Opposite Party No. 2 i.e. Sub-Divisional Magistrate, Tehsil Kadipur, District Sultanpur, Under Section 111/112 Cr.P.C in Case No. Nil of 2024.

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The contention of counsel appearing for the applicants is that the police is harassing the applicants by way of repeatedly sending the report on the same premises. He submits that the applicants are law abiding citizens and they were never involved in breaching the tranquility and peace of the society and the proceeding under section 107/116 of Cr.P.C., instituted against the present applicants is nothing, but amount to harassment, thus, submission is that the aforesaid proceedings may be quashed.

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On the other hand, learned AGA appearing for the State has opposed the contention aforesaid and submits that there is no erroneousness or unlawfulness in the proceeding initiated against the applicants and thus, no interference is warranted.

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Matter requires consideration.

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Let counter affidavit be filed by the State, within period of three weeks.

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A week time thereafter, shall be available to counsel for the applicants for filing rejoinder affidavit, if any.

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List/put up this matter in second week of August, 2024.

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Till the next date of listing, criminal proceedings of Case No. Nil of 2024(State Vs. Suresh Chandra and Others;) Under Section 111/112 Cr.P.C arising out of challani report dated 15.05.2024 at Police Station- Kadipur District- Sultanpur, shall remain stayed, so far as the applicants are concerned.

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Order Date :- 25.6.2024 Mayank

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

Suresh Chandra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Suresh Chandra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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What did the court decide?

What the court decided

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