Devi Shankar and Another v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. and Another

Allahabad HC13 Aug 2024A482/7149/2024

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the High Court of Judicature at Allahabad, Lucknow Bench, granted interim protection against pending proceedings by directing the State to issue notice within seven days while keeping the matter in abeyance pending the response.

What did the court decide?

Notice issued to opposite party No. 2 within seven days; proceedings in abeyance regarding applicants until next hearing.

Devi Shankar and Another vs State of U.P. Thru. Prin… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7149 of 2024

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Applicant :- Devi Shankar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Ganesh Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard.

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Present application has been filed for the following main relief:-

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"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the chargesheet dated 15.08.2023 filed by Investigating Officer in Case Crime No. 0058/2023 under Section 420, 406, 504, 506, 352, 388 I.P.C. against the applicant No.1 and Section 420, 406, 504, 506, 352 I.P.C. against applicant No.2, Police StationKarnailganj District- Gonda and summoning order dated 21.9.2023, passed by the learned Chief Judicial Magistrate, Gonda in Case No.19096/2023, State vs. Devi Shankar and others, contained in annexure No.1 and 2 to this petition.

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This Hon'ble Court may further be pleased to stay the entire proceeding of Case No.19096/2023, State vs. Devi Shankar and others arising out of Case Crime No. 0058/2023 under Section 420, 406, 504, 506, 352, 388 I.P.C. against the applicant No.1 and Section 420, 406, 504, 506, 352 I.P.C. against applicant No.2, Police Station- Karnailganj DistrictGonda."

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Considering the facts, as indicated, that undisputedly the informant namely Munnaram S/o Sri Mahadev executed the sale deed(s) dated 17.06.2017 related to Gata No. 102(a) and Gata No. 102 (b)/0.081 hect. and another sale deed dated 02.08.2017 pertaining to Gata No. 238 and thereafter the FIR in issue with delay of about six years was lodged on 04.02.2023 making allegations to attract the offence under Section 420, 406, 352, 384, 504 & 506 IPC and no offence is made out against the applicants in view of undisputed fact that the sale deed(s) aforesaid were executed in favour of applicants by the informant out of his free will and volition and it appears that to achieve undue benefit the FIR in issue, the basis of pending criminal proceedings, was lodged and further that the allegations regarding providing an amount to the tune of Rs. 18 Lakhs after execution and registration of sale deed(s) are without any basis and to establish the facts related to date of encashment of the Cheque indicated in the FIR and mode of payment etc. have not been mentioned and in this view of the

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matter, the proceedings pending before the Court concerned are nothing but abuse of process of law, this Court is of the view that matter requires consideration.

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

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List in the month of September, 2024 alongwith service report.

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Till the next the proceedings in issue shall be kept in abeyance so far as the same relate to the applicants.

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It is made clear that the steps are not taken within the aforesaid period, the benefit of interim order would not be available to the applicants.

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Order Date :- 13.8.2024 Vinay/-

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

Devi Shankar and Another v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. and Another

Case brief

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Devi Shankar and Another v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. and Another

Case brief

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