Disposed

Tanveer Ahmad Alias Manu Sarkar and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Civil Sectt. Lko and Another

Allahabad HC2 Aug 2024A482/6782/2024

Case brief

AI extract

What is this about?

In this miscellaneous application under Section 482 Cr.P.C., the High Court stayed the proceedings of the underlying complaint case and directed the respondent State to file objections within four weeks. The matter was not finally disposed of.

What did the court decide?

Stayed further proceedings in the complaint case and directed the State to file objections within four weeks to decide the application on merits.

Tanveer Ahmad Alias Manu Sarkar and Another vs… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 6782 of 2024

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Applicant :- Tanveer Ahmad Alias Manu Sarkar And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Vyomesh Chandra Shukla,Raghvendra Tewari 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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Issue notice to respondent no.2. Steps be taken within a week.

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Instant petition under Section 482 Cr.P.C.(now Section 528 of BNSS, 2023) has been filed challenging the summoning order dated 09.03.2024 passed by learned Judicial MagistrateII, Ayodhya (Faizabad) in Complaint Case No.2425 of 2021 in re: Shiv Bahadur vs. Tanveer Ahmad.

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The contention of learned counsel for the applicants is that they were raising construction on behalf of respondent no.2 and his wife for their house. The respondent no.2, being a police personnel, was pressurizing them for raising constructions without giving adequate compensation for the same which resulted in the applicants lodging a first information report against respondent no.2 and his wife on 22.05.2014, a copy of which is Annexure-4 to the petition. The very next day, the respondent no.2 filed an application under Section 156(3) Cr.P.C. on 23.05.2014, a copy of which is Annexure-5 to the petition, which after submission of the final report and a protest application being filed has now resulted into a summoning order dated 09.03.2024, a copy of which is Annexure-1 to the petition.

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The argument of learned counsel for the applicants is that a perusal of the summoning order dated 09.03.2024 vis-a-vis the application filed by respondent no.2 under Section 156(3) Cr.P.C. indicate that there is only dispute pertaining to quality of construction which by no stretch of imagination could have resulted into the same being converted into a criminal case and thus the same would amount to patent abuse of process of law.

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The matter requires consideration. As such, till the next date of listing, further proceedings of aforesaid complaint case shall

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remain stayed.

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Learned AGA may file objections within four weeks to which the applicants may file reply within next two weeks.

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List after expiry of the aforesaid period.

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Order Date :- 2.8.2024 A. Katiyar

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Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Tanveer Ahmad Alias Manu Sarkar and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Tanveer Ahmad Alias Manu Sarkar and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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