Disposed

Dr. R.P. Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow and Another

Allahabad HC25 Jan 2024A482/622/2024

Case brief

AI extract

What is this about?

In this special application under Section 482 CrPC, the High Court considered the quashing of a summoning order and criminal proceedings for alleged defamation. The court did not decide the merits but stayed the proceedings and notice other parties to file counter affidavits.

What did the court decide?

Stayed the summoning order dated 05.10.2021 and entire proceedings of Complaint No. 1588 of 2018 till next date.

Dr. R.P. Mishra vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 622 of 2024 Applicant :- Dr. R.P. Mishra

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow And Another

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Counsel for Applicant :- Vineet Kumar Mishra,Vishal Verma Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vineet Kumar Mishra, the learned counsel for the applicants and Sri Gyanendra Singh, the learned A.G.A appearing on behalf of the State.

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By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the summoning order dated 05.10.2021 passed by the learned Additional Chief Judicial Magistrate-I, Lucknow as well the entire proceedings of the case in Complaint No. 1588 of 2018, under Section 500 I.P.C, Police Station Husaiganj, District Lucknow, pending in the court of Additional Chief Judicial Magistrate-I, Lucknow.

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The opposite party no. 2 had filed a complaint under Section 190 Cr.P.C, in which he alleged that a news item was published in a Hindi daily news paper reporting that the opposite party no.2 had stated that the applicant, who was a Manager of Bappa Sri Narayan Vocational Inter College (K.K.V), Lucknow, was involved in committing robbery of the assets of the institution and he is bent upon selling an auditorium that was constructed by funds provided by Member of the Parliament and Member of the Legislative Assembly of the constituency.

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A copy of the news paper report has been annexed with the application, which does not make any reference to the allegation of commission of robbery, although the applicant had alleged that several irregularities had been committed by the

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opposite party no.2.

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The learned counsel for the applicant has submitted that the institution of criminal complaint is a shear abuse of the process of law of the opposite party no.2

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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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The opposite party may file a counter affidavit within a period of two weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

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List this case in the week commencing 19.02.2024.

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Keeping in view the aforesaid facts of the case, it is provided that till the next date of listing, the summoning order dated 05.10.2021 passed by the learned Additional Chief Judicial Magistrate-I, Lucknow as well the entire proceedings of the case in Complaint No. 1588 of 2018, shall remain stayed.

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(Subhash Vidyarthi,J.)

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Order Date :- 25.1.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Dr. R.P. Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow and Another

Case brief

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Dr. R.P. Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow and Another

Case brief

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