Janaram and 5 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC2 Feb 2024A482/922/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings alleging a graver offence in a civil dispute, the High Court of Judicature at Allahabad directed the filing of a counter affidavit and stayed coercive steps against the applicants.

What did the court decide?

No final relief granted this order; stay of coercive steps till next date; directions for filing counter and rejoinder affidavits.

Janaram and 5 Others vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 922 of 2024

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Applicant :- Janaram And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Pankaj Kumar Shukla, learned counsel for the petitioners and Sri Sushil Kumar Pandey, learned AGA for the State.

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In view of the proposed order, notice to opposite party no. 2 is hereby dispensed with.

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This petition under Section 482 Cr.P.C. has been filed by the petitioners with the prayer to quash the entire proceedings of Case No. 7720 of 2023 "State Vs. Janaram and others", arising out of Case Crime No. 259 of 2022, under Sections 147/323/504/506/327 IPC, Police Station Dhanepur, District Gonda, pending in the court of learned Chief Judicial Magistrate, Gonda as well as impugned chargesheet dated 21.12.2022 as well as impugned order dated 07.12.2023.

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Learned counsel for the petitioner has stated that in a civil dispute wherein the proceedings are pending consideration since 2022, wherein the petitioners and opposite party no. 2 are party but having ulterior motive and extraneous design in his mind, opposite party no. 2 has lodged the impugned FIR, wherein the chargesheet has been filed, the court concerned has taken cognizance and issued summons. The petitioners could not know about the summons, therefore, the bailable warrants issued by the court concerned.

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The copy of Suit for permanent injunction has been filed with this petition as Annexure no. 6 wherein the petitioners and opposite party no. 2 are the party. Learned counsel for the petitioners has also stated that even in the year, 2014, the petitioner no. 1 has filed objection before the Tehsildar, Tehsil Gonda against the exercise of Paka-11 , such objection has been enclosed as Annexure no.5 to this petition. The aforesaid objection clearly indicates that the dispute is relating to the same property between the same parties. He has further submitted that law is trite on the point that so as to settle the civil dispute, the recourse of criminal proceeding may not be adopted.

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The matter requires consideration.

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Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

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List this case in the week commencing 01.04.2024.

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Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the Case No. 7720 of 2023 (supra).

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[Rajesh Singh Chauhan,J.]

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Order Date :- 2.2.2024 kkv/

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

Janaram and 5 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

What is this about?

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Janaram and 5 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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