In an interim order on an application to quash criminal proceedings under Sections 504, 506, and 427 IPC, the High Court stayed the proceedings against the applicants until the opposite party files counter affidavits.
Stayed the criminal proceedings against the applicants till the next date of listing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 12
Case :- APPLICATION U/S 482 No. - 5601 of 2024
Applicant :- Juggi Lal And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajay Kumar Pandey,Neetu Mishra,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard counsel for the applicant, Sri Anirudha Kumar Singh, learned AGA- I for the State and perused the record.
Instant application has been filed with the prayer to quash the entire proceedings of the Criminal Case No.11825/2023 "Asha Devi V/s Juggi Lal and others", Under section- 504, 506, 427 IPC P.S. Aaspur Devsara, District-Pratapgarh, Pending in the court of Civil Judge (S.D.)/F.T.C.-II, Pratapgarh and impugned summoning order dated 14.05.2024 and to stay the further proceedings of the Crl. Case No.11825/2023 Under section504, 506, 427 IPC, P.S. Aaspur Devsara, District-Pratapgarh.
The contention of learned counsel appearing for the applicants is that criminal proceeding has been initiated against all the family members in retaliation to a suit of ejectment instituted by the applicants in year 2022 and the order has also been passed by the Civil Court, for ejectment. He further submits that the criminal proceeding is initiated only to mount pressure over the applicants so that they may not press their suit. He added that in fact there is no other criminal antecedents of the applicants and they are law abiding citizens and the present criminal proceeding is nothing, but harassment of the applicants and that is sheer abuse of process of law.
On the other hand, learned counsel appearing for the State has
opposed the contention aforesaid.
Matter requires consideration.
Let notice be issued to opposite party no. 2, returnable at an early date.
Steps be taken within a week.
If steps are taken, office shall proceed accordingly.
List/put up this matter in the week commencing 05.08.2024.
In the meantime, the State as well as the opposite party no. 2 may file their counter affidavits.
Till the next date of listing, criminal proceedings of Criminal Case No.11825 of 2023 "Asha Devi V/s Juggi Lal and others", Under section- 504, 506, 427 IPC P.S. Aaspur Devsara, DistrictPratapgarh, shall remain stayed, so far as the applicants are concerned.
Order Date :- 25.6.2024 Mayank
Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the criminal proceeding initiated in retaliation to a civil ejectment suit amounts to abuse of process of law and warrants quashing.
Whether an interim stay is appropriate in an interim order to prevent harassment of the applicants.
4 provisions across 2 enactments
Juggi Lal And Others
State Of U.P.
Shree Prakash Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
