Disposed

Ramkhelawan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC13 Nov 2024A482/9736/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC filed to quash a charge sheet alleging criminal conspiracy arising from an unpaid property sale consideration. Applicant claims FIR was lodged to pressure civil suit proceedings. Court issues notice to private respondent, stays proceedings, and lists the matter for personal hearing.

What did the court decide?

Notice issued to private respondent; impugned proceedings stayed pending personal hearing.

Ramkhelawan vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9736 of 2024 Applicant :- Ramkhelawan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Mohd. Salman,Ana Fatma,Mukhtar Ahamad

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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.

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Present application has been filed with the prayer to quash the charge sheet dated 22.08.2023 in Criminal Case No.13453 of 2023 arsing out of Case Crime No.617 of 2023 under Sections 420, 406, 504, 506 IPC P.S.-Kotwali, District- Unnao.

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Learned counsel for the applicant submitted that the property in question was sold out by the applicant to the private respondent with a sale consideration of Rs.13,00,000/- but only Rs.10,00,000/- was paid. Later on, due sale consideration of Rs.3,00,000/- was demanded by the applicant but the private respondent refused to pay the same, as a result, a civil suit was filed by the applicant which was registered as Regular Suit No.193/2023 in the Court of Civil Judge, Senior Division, South, Unnao, in which, notice was issued to the private respondent. Then only with the intention to make pressure on the applicant, FIR of case in question was lodged, therefore, kind indulgence of this Court is necessary.

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Learned A.G.A. has vehemently opposed the prayer of applicant but he does not dispute this fact that a civil suit was filed by the applicant with the specific allegation that the due sale

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consideration of Rs.3,00,000/- was not being paid by the private respondent, thereafter, FIR of case in question was lodged.

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Considering the submissions of learned counsel for the parties, going through the contents of application as well as other relevant documents, it is evident that a civil suit is pending between the parties and after filing of the aforesaid civil suit, FIR of case in question was lodged. In such circumstances, matter requires consideration.

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Issue notice to the private respondent returnable at an early date.

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List this case on 23.01.2025.

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On the next date, parties shall appear in person before this Court.

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Until further order, impugned proceeding shall remain stayed.

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Order Date :- 13.11.2024

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V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Ramkhelawan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Ramkhelawan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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