Partly allowed

Ram Surat Verma and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko and Another

Allahabad HC20 Aug 2024A482/6981/2024

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the High Court considered a challenge to a summoning order arising from allegations of cutting and carrying away harvest. Relying on Kunti, the court observed a prima facie civil dispute pending in another case. A stay was granted, and respondents were directed to file counter affidavits.

What did the court decide?

Proceedings in Criminal Case No.1453 of 2023 relating to the petitioners stayed till the next date of listing; notice issued to respondent No.2 to file counter affidavit.

Ram Surat Verma and 6 Others vs State of U.P. Thru. Addl… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 6981 of 2024

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Applicant :- Ram Surat Verma And 6 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Vijay Kumar Verma 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 Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed raising a challenge to the summoning order dated 04.09.2023 under Sections 147 and 379 IPC, a copy of which is Annexure-1 to the petition. Vide the said order, the petitioners have been summoned.

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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. From perusal of the said order, it emerges that there is a dispute pending between the parties and that the petitioners herein are alleged to have cut and carried away the harvest on the said piece of land.

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6. The contention is that there is a civil dispute pending between the parties, which would be apparent from perusal of the order of the learned Civil Judge (Junior Division), Sultanpur in Case No.753 of 2018 In Ramkaran vs Ramsurat, a copy of which is Annexure-9 to the petition and thus it is contended that the aforesaid complaint has been filed by the respondent No.2 in order to give criminal nature to the civil dispute, which is pending between the parties.

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7. Placing reliance on the judgment of the Apex Court in the case of Kunti & Anr vs State of U.P. & Anr. : Criminal Appeal No.1380 of 2023 , decided on 03.05.2023, argument of the learned counsel for the petitioner is that there is a purely civil dispute between the parties,

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which is now sought to be converted in a criminal case, which is legally impermissible keeping in view the law laid down in the case of Kunti (supra) .

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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 further proceedings of Criminal Case No.1453 of 2023 In re Ramkaran Verma vs Ram Surat

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& Ors shall remain stayed so far as it relates to the petitioners.

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

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Order Date :- 20.8.2024 prateek

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

Ram Surat Verma and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko and Another

Case brief

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Ram Surat Verma and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko and Another

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