Sudha Devi and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC1 Feb 2024A482/807/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash a charge-sheet and summoning order in a case arising from a sale-deed boundary dispute described as civil in nature. The court issued notice to opposite party No.2 with time for counter affidavit and stayed further proceedings pending listing.

What did the court decide?

Stay of proceedings of Criminal Case No.3782 of 2023 till next date of listing; notice to opposite party No.2 returnable at an early date.

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

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 807 of 2024

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Applicant :- Sudha Devi And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Manoj Kumar Singh, the learned counsel appearing for the applicants and Sri Amitabh Chaturvedi, the learned Additional Government Advocate and perused the record.

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2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have prayed for quashing of the charge-sheet bearing No.1 of 2023 dated 03.02.2023 filed in Case Crime No.555 of 2022 under Sections 420, 147, 323, 504, 506 IPC, Police Station Malhipur, District Shrawasti as well as order of cognizance and summoning dated 20.04.2023 passed by the learned Chief Judicial Magistrate, Shrawasti in Criminal Case No.3782 of 2023 pending in the Court of learned Chief Judicial Magistrate, Shrawasti.

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3. Opposite party No.2 had lodged the FIR No.555 on 09.11.2022 against five persons- (i) Jumai Khan (ii) Lalit Kumar Tripathi (applicant No.2) (iii) Kaleem (applicant No.3), (iv) Vaqeel Khan and (v) Haneef Khan on the basis of an application under Section 156(3) Cr.P.C. dated .01.06.2022, stating that he had sold a plot of land to coaccused, Jumai Khan on 03.06.2020 but the other accused persons got a sale deed executed by Jumai Khan on 20.04.222 showing wrong boundaries and thereby including the land of the informant in the sale deed. When the applicant No.2 was trying to take possession of the land on the strength of the sale deed on 10.06.2022, opposite party No.2 resisted whereupon the accused persons beaten him up, threatened and abused him.

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4. In the charge-sheet submitted on 03.02.2023 name of applicant No.1-purchaser has also been included although she was not named as

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an accused in the FIR.

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5. Submission of the learned counsel for the applicant is that the dispute arises out of execution of a sale deed by co-accused, Jumai Khan allegedly in respect of the land which had not been sold by the complainant to co-accused Jumai Khan. He has submitted that the dispute is essentially of civil in nature and it has been given a cloak of criminal offence to put undue pressure on the applicants. The informant has not instituted any civil proceedings.

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6. The matter requires consideration.

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7. Issue notice to opposite party No.2 returnable at an early date.

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8. Four weeks' time is granted to opposite party No.2 to file counter affidavit. Two weeks' time thereafter shall be available to the applicants to file rejoinder affidavit.

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9. List in the week commencing 18.03.2023.

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10. Till the next date of listing of the case, proceedings of proceedings of Criminal Case No.3782 of 2023 pending in the Court of learned Chief Judicial Magistrate, Shrawasti shall remain stayed.

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(Subhash Vidyarthi, J.)

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Order Date :- 1.2.2024 prateek

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

Sudha Devi and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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Sudha Devi and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

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