Disposed

Smt. Chandra Wati and 5 Others v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. Lko and Another

Allahabad HC2 Aug 2024A482/6812/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C./Section 528 BNSS, the High Court granted interim stay on criminal proceedings against the applicants and issued notice to the opposite party within seven days, referencing a similar legal position granted to a co-accused earlier.

What did the court decide?

Interim stay on proceedings against applicants and direction to issue notice to opposite party within seven days.

Smt. Chandra Wati and 5 Others vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6812 of 2024

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Applicant :- Smt. Chandra Wati And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Rajendra Prasad,Satya Suman Nigam Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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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 under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants with a prayer to quash the impugned order dated 29.06.2024 passed by Sessions Judge, Sultanpur in Criminal Revision No. 74/2022 (Smt. Chandra Wati and others vs. State of U.P. and others) as well as impugned order dated 18.04.2018 passed by Additional Chief Judicial Magistrate, Court No. 18, Sultanpur in Criminal Case No. 2447/2017 (Smt. Saroj Pandey vs. Raj Bahadur Tiwari and others).

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It is stated that co-accused/Raj Bahadur Tiwari approached this Court by means of an application U/S 482/378/407 No. 5288 of 2019 (Raj Bahadur Tiwari vs. State Of U.P. & Another), in which, this Court on 26.07.2019 had passed the following order:-

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"Issue notice to opposite party no.2 returnable within two weeks.

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List this case after two weeks along with service report.

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It is stated by learned counsel for the petitioner that the petitioner had filed a civil suit against the husband of opposite party no.2, regarding some Abadi land in which the order was passed by the Civil Court for status quo. As soon as the husband of opposite party no.2 came to know about the said order, a criminal complaint through the wife of the said defendent on false facts was filed against the petitioner and against six persons of his family in which they were facing trial and the trial court without application of mind has passed the summoning order dated 18.04.2018. The revision against the summoning order has also been dismissed.

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In view of the above mentioned circumstances, as an interim measure, it is provided that till the next date of listing no coercive action shall be taken against the petitioners in pursuance of the proceedings of Criminal Case No.2447 of 2017 (Smt. Saroj Pandey Vs. Raj Bahadur Tiwari and others), pending before the learned Additional Chief

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Judicial Magistrate, Court No. 18, Sultanpur."

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It is further stated that the case of the applicants herein is similar to the case of co-accused/Raj Bahadur Tiwari, in whose favour interim protection has already been granted by this Court vide order dated 26.07.2019. The prayer is to extend the same benefit to the applicants herein as has been given/granted by this Court to co-accused/Raj Bahadur Tiwari vide order dated 26.07.2019.

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Considering the aforesaid, 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 alongwith application U/S 482/378/407 No. 5288 of 2019 (Raj Bahadur Tiwari vs. State Of U.P. & Another).

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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 specified time for this purpose, then the benefit of interim protection would not be available to the applicants.

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Order Date :- 2.8.2024 Arun/-

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

Smt. Chandra Wati and 5 Others v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Smt. Chandra Wati and 5 Others v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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