Disposed

Ram Dayal Alias Ram Dayal Soni v. State of U.P. Thru. Prin.Secy. Home and Another

Allahabad HC5 Feb 2024A482/977/2024

Case brief

AI extract

What is this about?

Hearing a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings initiated under Section 156(3) Cr.P.C., the High Court noted conflicting civil and criminal history and directed the filing of a counter affidavit before deciding on interim protection.

What did the court decide?

No coercive steps shall be taken against the petitioner until the next date of listing.

Ram Dayal Alias Ram Dayal Soni vs State of… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 977 of 2024

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Applicant :- Ram Dayal Alias Ram Dayal Soni Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Dinesh Kumar, learned counsel for the petitioner and Sri Nirmal Kumar Pandey, learned AGA for the State.

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Learned counsel for the petitioner has filed a supplementary affidavit, the same is taken on record.

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

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Steps be taken within a week.

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Office to proceed accordingly.

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This petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to quash the entire proceedings of Crl. Case No. 12878 of 2023, arising out of Case Crime No. 0051 of 2023, under Sections 323, 504, 506 IPC, Police Station Jaisinghpur, District Sultanpur as well as impugned summoning order dated 08.11.2023 passed by Civil Judge (Pra. Kha.) 1st/ACJM, Sultanpur in Criminal Case No. 12878 of 2023, Crime No. 0051 of 2023, under Sections 323, 504, 506 IPC, Police Station Jaisinghpur, District Sultanpur and Chargesheet dated 14.09.2023, pending in the court of Civil Judge (Pra. Kha.) 1st/ACJM, Sultanpur; State Vs. Lalji Soni and another.

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Attention has been drawn of this Court towards Annexure no. 4 which is an FIR bearing no. 0163 of 2022, under Sections 307, 325, 323, 504, 506 IPC, Police Station Jaisinghpur, District Sultanpur lodged by the petitioner against the complainant of the impugned FIR. Having ulterior motive and extraneous design in his mind, opposite party no. 2 has filed an application under Section 156(3) Cr.P.C. as a counterblast against the petitioner and other family members, however after completion of investigation, the allegations were not found established, therefore, the chargesheet against the petitioner has been filed under Sections 323, 504, 506 IPC. Learned trial court has summoned the petitioner under those sections only.

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Learned counsel for the petitioner has also drawn attention of this Court towards statements of various persons, so recorded

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during investigation, which have been enclosed as Annexure no. 6, which clearly indicate that the story, so cooked up by opposite party no. 2, is false and misconceived, inasmuch as all the persons, whose statements have been recorded, have categorically stated that no incident in question has taken place against opposite party no. 2 but opposite party no. 2 and others have inflicted injury upon the son of the petitioner and others.

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Learned counsel for the petitioner has also drawn attention of this Court towards Annexure no. SA-1 of the supplementary affidavit which is a Regular Suit No. 52 of 2012, filed by the brother of the petitioner against opposite party no. 2 hereto in the year, 2012 before the civil court concerned.

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The matter requires consideration.

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Let the counter affidavit be filed within a period of four weeks.

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Rejoinder affidavit, if any, may also be filed within a period of two weeks thereafter.

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List 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 petitioner pursuant to the Criminal Case No. 12878 of 2023 (supra).

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[Rajesh Singh Chauhan,J.]

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Order Date :- 5.2.2024 kkv/

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

Ram Dayal Alias Ram Dayal Soni v. State of U.P. Thru. Prin.Secy. Home and Another

Case brief

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What did the court decide?

Ram Dayal Alias Ram Dayal Soni v. State of U.P. Thru. Prin.Secy. Home and Another

Case brief

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