Disposed

Guru Prasad v. State of U.P. Thru. Addl. Chief Secy. Home Lko and Another

Allahabad HC5 Feb 2024A482/969/2024

Case brief

AI extract

What is this about?

This court clubbed two Section 482 applications relating to the same crime. Being the first hearing thereof after notice to the private respondent, the court listed the matter for a subsequent date to ascertain willingness for mediation.

What did the court decide?

Both applications clubbed; matter listed on 18.4.2024 for hearing in absence of private respondent; interim protection to continue.

Guru Prasad vs State of U.P. Thru. Addl. Chief… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 969 of 2024

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Applicant :- Guru Prasad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another Counsel for Applicant :- Jai Pal Singh,Madhukar Raman Yadav Counsel for Opposite Party :- G.A.

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And

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Case :- APPLICATION U/S 482 No. - 1650 of 2024

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Applicant :- Harinam @ Harinam Singh And Others Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Home, Lko. And Another Counsel for Applicant :- Madhukar Raman Yadav,Jai Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Jai Pal Singh, learned counsel for the petitioners and Sri Anirudh Kumar Singh, learned AGA for the State.

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Both the aforesaid cases are related to the same crime number, therefore, with the consent of parties, both the petitions are clubbed together.

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In Application U/S 482 No. 969 of 2024 this Court has passed order dated 5.2.2024, which reads as under :1.

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"Heard learned counsel for the petitioner and learned AGA for opposite party no.1.

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

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3. Steps within a week.

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4. Office to proceed accordingly.

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5. By means of this petition, the petitioner has prayed for quashing the charge-sheet dated 22.6.2023 submitted against the petitioner in Crime No. 148 of 2023, u/s 323, 504, 506, 427 IPC, P.S. Nagram, District Lucknow as well as cognizance and summoning order dated 12.10.2023 along with entire proceedings of Case No. 112603 of 2023 "State of U.P. vs. Guru Prasad and others" pending in the court of A.C.J.M.-IV, Lucknow, to the extent of petitioner, Annexure no. 9 & 10 to the petition.

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6. Learned counsel for the petitioner has submitted that the issue in question may be settled amicably through Mediation and Conciliation Center of this Court, therefore, the matter may be referred to the Mediation and Conciliation Center of this Court. Before sending the matter to the Mediation and Conciliation Center,

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consent of the parties would be required.

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7. Therefore, list this case on 26.2.2024.

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8. On the said date, petitioner and opposite party no. 2 shall appear in person before this Court to apprise as to whether they are agreeable for settling the issue through Mediation and Conciliation Center of this Court.

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9. Station House Officer, P.S. Nagram, District Lucknow shall inform this order to opposite party no. 2.

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10. The AGA shall inform this order to the S.H.O., P.S. Nagram, District Lucknow telephonically, e-mail/ any other convenient mode for its compliance.

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11. Till the next date of listing, the petitioner shall not be compelled to appear before the court concerned pursuant to the aforesaid criminal case. "

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In Application U/S 482 No. 1650 of 2024 this Court has passed order dated 21.2.2024, which reads as under :

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"1.Heard Sri Jai Pal Singh, learned counsel for the petitioners and Sri Ram Raj Singh, learned Additional Government Advocate for the State.

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2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

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3. Office to proceed accordingly.

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4. By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of the charge-sheet dated 22.06.2023, arising out of Case Crime No.148 of 2023, under Sections 323, 504, 506 & 427 I.P.C., Police Station-Nagram, District-Lucknow as well as the cognizance and summoning order dated 12.10.2023 and other consequential summoning order along with entire proceedings of Case No.112603 of 2023 (State of U.P. vs. Guru Prasad and others), pending in the court of learned Additional Chief Judicial Magistrate-IVth, Lucknow, so far as it relates to the present petitioners, as contained in Annexure Nos.9 & 10 to the petition.

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5. At the very outset, Sri Jai Pal Singh has stated that in the case of Guru Prasad vide order dated 05.02.2024 passed in the Application (U/S 482 Cr.P.C.) No.969 of 2024 (Guru Prasad vs. State of U.P. and another), this Court has fixed the date for 26.02.2024 granting interim protection for the reason that the parties are trying their level best to settle their dispute amicably.

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6. List and connect this case with Application (U/S 482 Cr.P.C.) No.969 of 2024 (Guru Prasad vs. State of U.P. and another).

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7. On that date, the petitioners and the opposite party No.2 shall appear in person before the Court to apprise as to whether they are

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agreeable to settle the issue through mediation at Mediation and Conciliation Center of this Court.

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8. The Station House Officer, Police Station-Nagram, District Lucknow shall ensure presence of opposite party no. 2 before the Court on the date fixed.

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9. The learned Additional Government Advocate shall inform this order to the Station House Officer, Police Station-Nagram, District Lucknow telephonically, e-mail/ any other convenient mode of service for its compliance.

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10. Till the next date of listing, the petitioners shall not be compelled to appear before the court concerned pursuant to the aforesaid criminal case."

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All the petitioners of the aforesaid two petitions are present in person along with their Advocate, Sri Jai Pal Singh, however, the opposite party no. 2 namely, Smt. Nirmala Devi, is not present. Vide its Report dated 9.2.2024, the Office has reported that the notice has been served upon opposite party no. 2 personally and as per information of the AGA the S.H.O. concerned has informed the opposite party no. 2 about the date fixed.

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The presence of private opposite party is required, therefore, list again on 18.4.2024.

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On that date the petitioners of both the petitions and opposite party no 2 namely, Smt. Nirmala Devi shall appear in person.

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Interim order, if any, to continue till the next date of listing.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 26.2.2024 Om

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

Guru Prasad v. State of U.P. Thru. Addl. Chief Secy. Home Lko and Another

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Guru Prasad v. State of U.P. Thru. Addl. Chief Secy. Home Lko and Another

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