Alka Verma and 2 Others v. State of U.P. Thru. Secy. Home Lko and Another

Allahabad HC13 Sept 2024A482/8259/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a summoning order by the CJM, Unnao for offences under Sections 323 and 504 IPC, arguing the underlying dispute was civil with pending suits and that the trial court summoned them without judicial mind despite insufficient evidence. The High Court found a prima facie case for consideration, issued notice, and stayed proceedings.

What did the court decide?

Interim stay of proceedings before the trial court till next date of listing; notice issued to opposite party no.2.

Alka Verma and 2 Others vs State of U.P. Thru. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 8259 of 2024

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Applicant :- Alka Verma And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko And Another Counsel for Applicant :- Anoop Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard learned counsel for the applicants as well as learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants- Alka Verma, Aman Verma and Praveen Kumar Soni with the prayer to set aside/ quash the summoning order dated 18.1.2024 passed by the Chief Judicial Magistrate, Unnao.

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Learned counsel for the applicants submits that the trial court has summoned the applicants to face trial for the offence under Sections 323, 504 IPC along with other co-accused persons including one Jaishankar Verma.

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It is vehemently submitted that the dispute between the parties is pertaining to an immovable property and with regard to the same property two civil suits are pending before the Civil Courts, one pertaining to the perpetual injunction and second pertaining to the cancellation of sale deed which has been executed allegedly by the complainant in favour of the deceased - Jaishankar Verma and thus, the dispute between the parties was of purely civil nature and it was evident on record that the instant complaint has been filed to pressurize the applicants and other co-accused persons. In this regard the attention of this Court was also drawn on the copy of the FIR bearing case Crime No. 546 of 2017, which was lodged by the deceased Jaishankar Verma against the complainant of the instant case, namely, Laxami Narayan and other six accused persons.

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It is vehemently submitted that the trial court has passed impugned order without any application of judicial mind and as a police report pertaining to the death of the accusedJaishankar Verma was also available on record, however, the trial court has not taken pains to look into this report and thus, a person who has already died has been summoned by the trial court.

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It is also submitted that though the trial court in its impugned order has noticed that summoning in a criminal trial is a serious business but even thereafter has summoned the applicants on the basis of insufficient evidence when there was no prima facie case emerging.

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Learned AGA, however, supports the judgment and order passed by the trial court.

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Keeping in view all the facts and circumstances and the submissions raised before this Court, a prima facie case for consideration is emerging in favour of the applicants, which requires consideration.

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Issue notice to opposite party no.2 returnable till the next dater of listing.

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Steps in this regard may be taken by learned counsel for the applicants within three working days from today.

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List on 22nd October, 2024, by which date State may file counter affidavit .

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It is provided that till the next date of listing, the proceedings of the case pending before the trial court, shall remain stayed.

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Order Date :- 13.9.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Alka Verma and 2 Others v. State of U.P. Thru. Secy. Home Lko and Another

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Alka Verma and 2 Others v. State of U.P. Thru. Secy. Home Lko and Another

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