Radhey Shyam and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Others

Allahabad HC20 Aug 2024A482/6943/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a summoning order and charge-sheet in a land-boundary dispute case, alleging the FIR was lodged in retaliation for their own earlier FIR. The court granted interim stay of criminal proceedings till next listing, ordered notice to private opposite parties, and listed for September 2024.

What did the court decide?

Interim stay of criminal proceedings against applicants till next date of listing; notice to opposite parties No. 2 to 9 returnable at an early date.

Radhey Shyam and Others vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6943 of 2024

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Applicant :- Radhey Shyam And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lucknow And Others Counsel for Applicant :- Rakesh K. Tripathi,Shailendra Kr Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard counsel for the parties.

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By means of this application, the applicant has sought the following relief(s):-

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"It is most respectfully prayed that this Hon'ble Court may graciously be pleased to set-aside the impugned summoning order dated 08.09.2023 passed by learned Additional Chief Judicial Magistrate-I, Hardoi in Criminal Case No. 33507/2023 (State Vs Ram Kishan & 11 others) by which the learned Court summoned the innocent applicants for facing trial under section 34/452/323/427/325 IPC taking cognizance on charge- sheet dated 09.09.2021 and also pleased to quash the impugned charge-sheet dated 09.09.2021 submitted in FIR No. 0187/2021, dated 17.04.2021, lodged under section 34/452/323/427 IPC at Police Station- Pali, District- Hardoi against the applicants (contained as ANNEXURE NO. 2 & 3) in the interest of justice."

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For the purposes of entertaining the present application and seeking interim protection, Sri Rakesh K. Tripathi, Advocate, stated that regarding the dispute between the parties related to the boundary of Gata No. 303 and 304 situated at Village Ubariya Kalan , Police Station Pali, District Hardoi, some hot-talks and altercation took place between the parties and in relation to the same, an FIR was lodged from the side of the applicant i.e. FIR No. 0186/2021 dated 07.04.2021, under Sections 323, 325, 452, 324 IPC at Police Station Pali, District Hardoi against 16 persons including the private opposite parties No. 2 to 9 and thereafter in retaliation, an FIR was lodged on 17.04.2021 by Bhagwan Sharan, opposite party No.2. which was registered as FIR/Case Crime No. 0187, under Sections 34, 452, 323, 427 IPC.

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It is also stated that in the incident, some persons from the side of the applicant sustained injuries as would appear from the injury reports, annexed as Annexure No. 6 to the present application.

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Thus, from the aforesaid, it is apparent that to settle the dispute between the parties, the FIR was lodged in retaliation which is nothing

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but an abuse of process of law and as such the entire criminal proceeding in issue are liable to be interfered with by this Court.

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Considering the aforesaid, this Court is of the view that the applicants are entitled for interim protection. Accordingly, it is provided that till the next date of listing, criminal proceedings against the applicant shall remain stayed.

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Issue notice to opposite parties No. 2 to 9, returnable at an early date.

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Steps be taken within seven working days.

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List this case in the month of September, 2024 along with service report.

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In the steps are not taken within the aforesaid period, the interim protection would not be available to the applicants.

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Order Date :- 30.8.2024 (Manoj K.)

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

Radhey Shyam and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Others

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Radhey Shyam and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Others

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