Remanded

Km. Meera and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC24 Sept 2024A482/8630/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. challenged a summoning order. Court relied on Kunti vs State of U.P. believing a civil dispute was criminalized. Proceedings stayed till next listing.

What did the court decide?

Proceedings of Complaint Case No. 872 of 2019 shall remain stayed till the next date of listing. Notice issued to respondent no. 2.

Km. Meera and Another 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. - 8630 of 2024

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Applicant :- Km. Meera And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Bhupendra Nath Tripathi 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 the respondent no. 2 returnable at an early date.

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Steps be taken within a week.

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List on the date to be indicated in the notice by the office.

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By means of the instant application filed under Section 482 Cr.P.C now Section 528 of the Bhartiya Nagrik Suraksha Sanhita, the applicants have challenged the impugned summoning order dated 03.09.2024 passed by the learned Additional Chief Judicial Magistrate, Room No. 24, Lucknow in Complaint Case No. 872 of 2019 Inre; Ranjit Vs. Meera and ors whereby the applicants have been summoned for an offence under Section 323, 504 & 506 I.P.C.

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Contention of the learned counsel for the applicants is that a perusal of the said summoing order would itself indicate that the learned trial Court has accepted that the matter in dispute appears to be a civil nature yet has subsequently stated that an offence is made out per which the applicants have been summoned.

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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, argument of the learned counsel for the applicants 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 Complaint Case No. 872 of 2019 Inre; Ranjit Vs. Meera and ors shall remain stayed.

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Order Date :- 24.9.2024 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Km. Meera and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Km. Meera and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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