Remanded

Amrendra Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC29 Jul 2024A482/6627/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C./528 BNSS, the High Court considered a challenge to a summoning order in a complaint filed by respondent No.2 as a counter-blast to an FIR. The Court found a prima facie case for abuse of process and stayed proceedings against the applicants.

What did the court decide?

Proceedings in Complaint Case No. 105592 of 2023 shall remain stayed against the petitioners.

Amrendra Kumar and Others vs State of U.P. Thru. Prin… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 6627 of 2024

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Applicant :- Amrendra Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Usman Ghani Khan Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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1. Heard.

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2. Instant petition under Section 482 Cr.P.C.-528 B.N.S.S. has been filed challenging the summoning order dated 31.01.2024 passed in Complaint Case No.105592 of 2023 In re Annapurna vs Amrendra Kumar & Ors under Sections 323, 354, 452, 504, 506 IPC, Police Station Nigoha District Lucknow pending before learned Additional Chief Judicial Magistrate-I, Court No.25, Lucknow.

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3. Issue notice to respondent No.2.

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4. List on the date indicated in the notice.

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5. Contention of the learned counsel for the petitioners is that there was an incident on 16.06.2023 involving the respondent No.2 herein and her family members which has resulted in the injuries being caused to Ms Hemlata i.e. petitioner No.4 herein. Ms Hemlata was hospitalized in K.G.M.U., Lucknow. Copies of the hospitalization details of trauma centre of K.G.M.U. have been filed as Annexure-2 to the petition. On account of the aforesaid incident, Shri Chotelal, father of petitioner No.4 lodged an FIR against respondent No.2 herein and her family members on 20.06.2023.

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6. In a counter blast, respondent No.2 herein filed a complaint under Section 156(3) Cr.P.C. on 11.08.2023, copy of which is Annexure-5 to the petition. Learned court has issued impugned summoning order dated 31.01.2024 wherein the petitioners have been summoned.

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7. The contention is that the aforesaid complaint case has been filed by respondent No.2 herein subsequent to the FIR which has been lodged by the father of the petitioner No.4 and as a counter blast to the aforesaid FIR and in order to dilute the said case against the

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respondent No.2, which patently amounts to abuse of the process of the Court.

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8. Considering the aforesaid prima facie a case for interference is made out. As such, till the next date of listing of the case, proceedings of Complaint Case No.105592 of 2023 In re Annapurna vs Amrendra Kumar & Ors shall remain stayed so far as it relate to the petitioners.

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9. Meanwhile, counter affidavit(s) may be filed.

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Order Date :- 29.7.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Amrendra Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Amrendra Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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