Disposed

Anil Srivastava @ Anil Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC30 Jul 2024A482/6670/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a charge sheet and Special Session Trial proceedings under sections 323,504,506 IPC and SC/ST Act provisions arising from an FIR they alleged was retaliatory, lodged after their own complaints against the informant's associate. The court found the matter required consideration, issued notice to opposite party no. 2, and stayed proceedings qua the applicants pending se

What did the court decide?

Notice to opposite party no. 2; proceedings stayed qua applicants till next date of listing, conditional on timely steps.

Anil Srivastava @ Anil Kumar and Another vs State of U.P… — Caste Atrocities | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6670 of 2024

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Applicant :- Anil Srivastava @ Anil Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajay Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Supplementary affidavit is taken on record.

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Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record.

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The present application has been filed by the applicants seeking following main reliefs:-

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"1. It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to quash the charge sheet dated 12/03/2024, filed in Crime No. 34 of 2024, under sections 323,504,506 IPC & 3(1) (Da) 3(1) (Dha) SC/ST Act lodged at Police Station- Karaundikala DistrictSultanpur which is filed as Annexure No. 1 to the present Application.

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2. It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to quash the entire criminal proceedings of Special Session Trial No. 470 of 2024 : State Vs Anil Srivastava & others, under sections 323,504,506 IPC & 3(1) (Da) 3(1)(Dha) SC/ST Act against the present Applicant, pending in the Court of Special Judge, SC/ST Act, Rarebareli, arises out of charge sheet dated 12/03/2024, filed in Crime No. 34 of 2024, lodged at Police Station-Karaundikala, District-Sultanpur without application of mind in illegal an arbitrary manner."

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Considering the facts, as indicated, including that prior to FIR in issue i.e. FIR No. 0034 of 2024, under sections 323,504,506 IPC & 3(1) (Da) 3(1) (Dha) SC/ST Act lodged at Police Station- Karaundikala District- Sultanpur by opposite party No. 2/informant/Ram Sajivan s/o Ram Achal, the applicant No. 1/Anil Srivastava @ Anil Kumar s/o Lalta Prasad made the complaint(s) dated 24.02.2024 and 26.02.2024 through IGRS before Superintendent of Police, District- Sultanpur, which is apparent from page Nos. 52 & 54 of the paper book and also page Nos. 5 & 6 of the supplementary affidavit filed in the Court today and from a bare perusal of the said complaint(s), it is apparent that in these complaints, it has been indicated that on being opposed in relation to a piece of land by the applicants, Sri Shivnarain Verma abused the applicant No. 1 and also threatened him to implicate in the offence related to SC/ST Act by lodging an FIR thorough informant/Ram Sajivan s/o Ram Achal and after the said complaint(s), the FIR in issue was lodged by informant/Ram Sajivan on

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28.02.2024 registered as FIR No. 0034 of 2024, this Court finds that the pending proceedings are nothing but an abuse of process of law.

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Upon due consideration of the aforesaid, this Court is of the view that the matter requires consideration.

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Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

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List/put up this application after service.

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Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicants.

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In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicants.

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Order Date :- 25.9.2024

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Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Anil Srivastava @ Anil Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Anil Srivastava @ Anil Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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