Remanded

Jagdamba Prasad and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC21 Aug 2024A482/7310/2024

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What is this about?

In a quashing petition under Section 482 Cr.P.C., the applicant challenged a summoning order alleging a criminal dispute was civil in nature. Reliance was placed on Kunti & Anr. The court held prima facie a case for interference and stayed the proceedings pending listing.

What did the court decide?

Stayed the proceedings of the aforesaid complaint case till the next date of listing.

Jagdamba Prasad and Others vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 7310 of 2024

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Applicant :- Jagdamba Prasad And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajneesh Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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Heard.

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Issue notice to respondent no.2. Steps be taken within a week. List on the date to be indicated by the office in the notice.

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Instant petition under section 482 Cr.P.C. (now under section 528 BNSS, 2023) has been filed challenging the summoning order dated 05.08.2024, a copy of which has been filed as Annexure-1 to the petition, passed in Complaint Case No.17243 of 2022 in re: Janaklal vs. Jagdamba Prasad and others, whereby the petitioners have been summoned for an offence under Sections 323 and 504 IPC by learned Additional Chief Judicial Magistrate-I, Gonda.

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The contention of learned counsel for the petitioners is that a perusal of the summoning order along with statements recorded under Sections 200 and 202 Cr.P.C. would indicate that a civil dispute is sought to be turned into a criminal dispute. Elaborating the same, it is contended that a civil dispute pertaining to partition under Section 116 of the U.P. Revenue Code, 2006 is pending before the Sub-Divisional Magistrate, Sadar, Gonda, between the parties, which was filed in December, 2020. Copy of the plaint is Annexure-8 to the petition.

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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, the argument of the learned counsel for the petitioners is that there is a purely civil dispute between the parties, 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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Considering the judgment of the Apex Court in the case of Kunti (supra) prima facie a case for interference is made out. As such till the next date of listing, the proceedings of the aforesaid complaint case shall remain stayed.

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Order Date :- 21.8.2024 A. Katiyar

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

Jagdamba Prasad and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Jagdamba Prasad and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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