Partly allowed

Sawal Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC5 Jul 2024A482/5937/2024

Case brief

AI extract

What is this about?

This court, in an application for protection of Section 482 CrPC regarding repeated frivolous complaints by the complainant against the applicants, acknowledged a prior order dismissing similar complaints and prima facie found abuse of process. The court stayed the impugned summoning order and accompanying proceedings till the next listing date.

What did the court decide?

The operation of the order dated 19.08.2023 and the proceedings in complaint no. 26803 of 2021 shall remain stayed till the next date of listing.

Sawal Singh and Another vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 5937 of 2024

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Applicant :- Sawal Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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Heard.

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Issue notice to the respondent no. 2 returnable at an early date.

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Steps be taken within a week.

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List on the date to be indicated in the notice by the office.

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Under challenge is the order dated 19.08.2023 whereby the applicants have been summoned.

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Contention of learned counsel for the applicants is that earlier too, the respondent no. 2 had lodged a complaint vide complaint number. 743 of 2023 Inre;Smt Hema Vs. Sawal Singh and Ors. Learned Court below vide order dated 01.12.2022, a copy of which is part of annexure 4 to the application dismissed the said complaint.

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It is contended that not having succeeded in the earlier complaint, again a complaint has been lodged of which cognizance has been taken by the learned Court below and the summons have been issued vide order dated 19.08.2023.

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Contention is that the complainant is repeatedly filing complaints against the applicants which patently amounts to abuse of process of Court and consequently, the proceedings pending before the learned Court below merit to be stayed.

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Considering the earlier order of the learned Court dated 01.12.2022, a copy of which is part of annexure 4 to the application whereby the similar complaint was not found to be such nature to be entertained by the Court as emerges from a perusal of the order dated 01.12.2022 and again a perusal of the order dated 19.08.2023 indicates the same nature of complaint and as such, a prima facie case for interference is made out. As such, till the next date of listing, the operation of the order impugned dated 19.08.2023 passed in complaint no. 26803 of 2021 Inre; Hema Vs. Jaswant and Ors Police Station- Paraspur District- Gonda as well as the proceedings of the said case shall remain stayed.

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Order Date :- 5.7.2024 Pachhere/-

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

Sawal Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Sawal Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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