Disposed

Amarnath Saini and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

Allahabad HC20 Dec 2024A482/9656/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench, dealt with an application under Section 482 Cr.P.C. to quash a cognizance order and charge sheet. The court adjourned proceedings, directed the private respondent to appear, stayed the impugned proceedings, and listed for the next hearing. The application was not finally decided.

What did the court decide?

Stayed the impugned proceedings and listed the case for future hearing on 20.01.2025 directed private respondent to appear.

Amarnath Saini and Another vs State of U.P. Thru. the… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9656 of 2024

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Applicant :- Amarnath Saini And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Vijay Kumar Tiwari,Km. Niharika Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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On 03.12.2024, following order was passed.

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"1. In pursuance of earlier order, Mr. Abhishek Pandey, SubInspector, Police Station Gazipur, District Lucknow is present and informed that examination of private respondent is going on and he states that after examination she will appear before this Court. Written instructions placed by Mr Abhishek Pandey are taken on record.

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

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The application has been filed with the following prayers:-

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" quash the false, fabricated and concocted impugned charge sheet no.1 dated 5.6.2023 filed by the I.O. in case crime no. 200/2023 under section 323, 506 IPC police station Gazipur, District Lucknow lodged against the petitioners. The petitioners are further challenging the impugned summoning order dated 19.10.2023 passed by the learned Special C.J.M. Custom, Lucknow contained in annexure no.1 and 2 to the petition."

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Learned counsel for the applicants has submitted that the applicants and private respondent were the neighbour and due to some garbage throwing the dispute in question has arisen, the FIR in question has been lodged. It is further submitted that the evidence provided by the applicants was not considered by the Investigating Officer and the charge sheet has been filed by him in the most mechanical manner. He relied upon the judgment of the Hon'ble Apex Court in the case of State of Haryana vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and also requested for kind indulgence of this Court.

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Learned AGA has vehemently opposed the prayer of the applicants and submitted that charge sheet has already been filed and all these defence can be raised at the appropriate stage.

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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 that the alleged offence is trivial in nature, therefore the matter requires consideration.

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List this case on 20.12.2024 at 11.30 a.m.

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On the next date, the applicants as well as private respondent shall appear before this Court.

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Sri Abhishek Pandey, undertakes that he will communicate the order passed today on the mobile no. 8737048485 of the private

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respondent for necessary compliance.

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Until further order of this Court, impugned proceedings shall remain stayed."

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In pursuance of the aforesaid order, written instructions of Mr. Abhishek Pandey, Sub-Inspector, P.S. Gazipur, District Lucknow is placed before this Court by the learned A.G.A. and informs that private respondent no. 2 was informed about her presence before this Court on her Whatsapp No. 8737048485, but she showed her inability due to her examination scheduled upto 20.12.2024.

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List this case again on 20.01.2025.

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On the next date, private respondent no. 2 is directed to appear before this Court, failing which, appropriate order shall be passed against her.

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Sub-Inspector, Mr. Abhishek Pandey, P.S. Gazipur, District Lucknow is directed to communicate this order to private respondent no. 2, forthwith.

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Order Date :- 20.12.2024 VKS

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

Amarnath Saini and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

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Amarnath Saini and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

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