Disposed

Mohd. Kausar and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC12 Sept 2024A482/8225/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C read with BNSS, the High Court, noting that interim protection was granted to co-accused in a related case on the ground of a civil dispute, allowed the co-applicants to claim similar protection and stayed the proceedings against them pending the next hearing.

What did the court decide?

Criminal proceedings against the present applicants are stayed pendente lente till the next date of listing.

Mohd. Kausar and Another vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8225 of 2024

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Applicant :- Mohd. Kausar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another

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Counsel for Applicant :- Rajesh Kumar Awasthi 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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It is stated that interim protection has been granted to the coaccused vide order dated 23.07.2024 passed in Application u/s No. 6401 of 2024 (Basant Lal Soni And 2 Others), which reads as under :

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"Heard Sri Rajesh Kumar Awasthi, learned counsel for the applicants, Sri Pramod Kumar Shukla, learned State Law Officer and perused the record.

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The present petition under Section 482 Cr.P.C read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants for the following main reliefs:-

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"(i) To quash the impugned Charge Sheet No. 01/2022 Dated 02.12.2022 filed by Investigating Officer in Case Crime No. 193/2022 U/S. 406, 420, 467, 468, 471, 120B I.P.C., Police Station-Hanswar, District- Ambedkar Nagar only against the applicants, as contained Annexure No. 1 to this application.

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(ii) To quash the impugned Summoning order dated 24.01.2023 passed by Learned Civil Judge, Junior Division-5th/Judicial Magistrate, DistrictAmbedkar Nagar in Case No. 185/2023, State Versus Pradyumman Maurya and others in Case Crime No. 193/2022 U/S. 406, 420, 467, 468, 471, 120B I.P.C., Police Station-Hanswar, District-Ambedkar Nagar against the applicants only which is pending in the Court of Learned Civil Judge, Senior Division Fast Track Court/Additional Chief Judicial Magistrate, Ambedkar Nagar, as contained Annexure No. 2 to this application."

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Considering the facts, as indicated, that the applicant No. 2/Sheela Devi is the bonafide purchaser of the land indicated in the sale deed dated 25.07.2022, which was executed by the recorded tenure holder namely Niraj s/o Shyam Prakash and amount of sale consideration was provided by the applicant No. 2 to the vendor namely Niraj as also the fact that the account of Niraj was opened on 05.05.2020, this Court is of the view that to resolve some dispute, the FIR was lodged by the informant/Smt. Sangita, mother of Niraj Shukla, as such, this Court is of the prima facie view that interference is required in the matter, as the informant wants to give criminal colour to a civil dispute.

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Accordingly, issue notice to the opposite party No. 2. Steps in this regard

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be taken within seven working days.

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List/put up this application in the month of August, 2024 as fresh.

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Till the next date of listing, the proceedings, in issue, shall remain stayed so far as the same relate to the applicants.

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In case, the steps are not taken within the time aforesaid, the benefit of interim protection would not be available to the applicant."

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Considering the facts of the case indicated in the order, quoted above, this Court is of the view that the applicants are also entitled to interim protection.

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Accordingly, list this case along with Application u/s No. 6401 of 2024 (Basant Lal Soni And 2 Others) and Application u/s No. 8122 of 2024 (Sushma Devi And Another vs. State Of U.P. Thru. Prin. Secy. Home Lko And Another ).

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Till the next date of listing, the criminal proceedings against the present applicants shall remain stayed.

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Order Date :- 12.9.2024 Vinay/-

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

Mohd. Kausar and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

Mohd. Kausar and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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