Disposed

Rajendra Pratap Singh and Others v. State of U.P. Thru. the Prin. Secy. Home, Lko. and Another

Allahabad HC1 Feb 2024A482/872/2024

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What is this about?

This court entertained an application seeking quashing of impugned criminal order and proceedings. Pending cross-affidavits, the court ordered proceedings against petitioners to be kept in abeyance and issued notice to opposite party no. 2.

What did the court decide?

Proceedings against petitioners in Complaint Case no. 18663/2021 kept in abeyance till next listing.

Rajendra Pratap Singh and Others vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 872 of 2024

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Applicant :- Rajendra Pratap Singh And Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home, Lko. And Another

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Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioners and learned AGA for State.

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

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Steps within a week.

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Office to proceed accordingly.

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By means of this petition the petitioners have prayed for quashing the impugned order dated 31.3.2023 passed by Civil Judge (Senior Division)/ F.T.C. IInd, District Pratapgarh in Complaint Case no. 18663/2021 (Kuldeep vs. Samar Bahadur Singh and others) u/s 419, 420, 467, 468, 471 IPC, P.S. Fatanpur, District Pratapgarh along with entire criminal proceedings of the aforesaid case.

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Attention has been drawn towards Annexure no. 12 which is an order dated 22.12.2023 passed in Application U/S 482 No. 12648 of 2023 (Samar Bahadur Singh vs. State of U.P. & another) whereby the co-accused, Samar Bahadur Singh, has been granted an interim protection till the next date of listing.

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Learned counsel for the petitioners has stated that the main allegation has been levelled against Samar Bahadur Singh to the extent that on the basis of forged will deed the property in question has been obtained by Sri Samar Bahadur Singh. The present petitioners are alleged witnesses and deed-writers.

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Since in an identical case this court has granted interim order, therefore, it appears that the same interim order may be given to the present petitioners.

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Let the counter affidavit be filed in four weeks by opposite parties and rejoinder affidavit, if any, may be filed by the petitioners in two weeks thereafter.

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List along with Application U/S 482 No. 12648 of 2023.

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Till the next date of listing the proceedings of Complaint Case no. 18663/2021 (supra) shall be kept in abeyance against the present petitioners.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 1.2.2024/Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Rajendra Pratap Singh and Others v. State of U.P. Thru. the Prin. Secy. Home, Lko. and Another

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Rajendra Pratap Singh and Others v. State of U.P. Thru. the Prin. Secy. Home, Lko. and Another

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