Sushil Kumar @ Sushil Kumar Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Allahabad HC23 Nov 2024A482/9587/2024

Case brief

AI extract

What is this about?

Teacher charge-sheeted for offences at an unapproved school sought quashing of rejection of his discharge application, claiming he was wrongly treated as the school Manager. The High Court found his status as a teacher not properly considered by the Magistrate, issued notice to the private respondent and stayed further proceedings.

What did the court decide?

Notice to private respondent; impugned proceedings against applicant stayed till further orders.

Sushil Kumar @ Sushil Kumar Trivedi vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9587 of 2024

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Applicant :- Sushil Kumar @ Sushil Kumar Trivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Harendra Pratap Singh,Bharat Bhushan Singh,Uday Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.

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Present application has been filed with the following prayers:-

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"Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to pass an order thereby allowing the petition and quash the impugned order dated 05.08.2024 passed by the Judicial Magistrate, Purwa, Unnao by means of which the discharge application of the petitioner has been rejected in Case No. 503/2017 arising out of Case Crime No.113/15, under Section 419, 420 IPC., Police Station Purwa, District Unnao in State vs. Sushil Kumar"

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Learned counsel for the applicant has submitted that the advertisement was given by the Manager of the school and thereafter the applicant applied for the post in question. It is submitted that the applicant was appointed as teaching staff and he was not aware that the school in question was running without any approval of the authorities and thereafter the FIR in question was lodged by the authorities concerned dragging the applicant in place of Manager of the school. It is next submitted that the charge sheet has been submitted treating the applicant as Manager of the school in question, therefore kind indulgence of this Court is necessary.

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Learned A.G.A. has opposed the prayer of the applicant and has submitted that after investigation charge sheet has been filed. He has also submitted that discharge application of the applicant has also been rejected.

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Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other relevant documents; it is evident from the record that the applicant is a teacher in the school in question but this fact has not been properly considered by learned court below, therefore, the matter requires consideration.

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Issue notice to the private respondent.

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List this case in third week of January, 2025.

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Until further order of this Court, impugned proceedings pending against the applicant shall remain stayed.

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Order Date :- 3.12.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Sushil Kumar @ Sushil Kumar Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Sushil Kumar @ Sushil Kumar Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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