Disposed

Quraisha Bano and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC11 Dec 2024A482/9934/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash summoning order and charge sheet in a dispute involving a cancelled agreement to sell. Court issues notice to complainant, lists for personal appearance, and stays impugned proceedings pending hearing.

What did the court decide?

Notice issued to complainant; case remanded for personal appearance; impugned proceedings stayed.

Quraisha Bano and Others vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9934 of 2024 Applicant :- Quraisha Bano And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another

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Counsel for Applicant :- Arshad Siddiqui,Akshay Singh

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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 applicants and learned A.G.A. for the State.

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Present application has been filed with the prayer to quash the impugned summoning order dated 23.08.2024 passed by ACJM, Court No.16, Barabanki in Case No.3168 of 2024 and charge sheet dated 12.03.2024 arsing out of Case Crime No.462 of 2023 under Sections 34, 406, 506 IPC, P.S.-Ramnagar, District- Barabanki.

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Learned counsel for the applicants submitted that there was an agreement to sell in between the parties which was later on cancelled and the money was returned but only with the intention to victimize the applicants, FIR of case in question was lodged. During the course of investigation, materials were provided to the Investigating Officer but without considering the same, charge sheet was submitted in the most mechanical manner as no alleged offences are made out against the applicants, therefore, kind indulgence of this Court is necessary.

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Learned A.G.A. has vehemently opposed the prayer of applicants and submits that after detailed investigation, charge sheet has been submitted, therefore, no interference of this Court is required in the present matter.

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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 the alleged agreement to sell was cancelled, and thereafter, money was returned to the complainant. In such circumstances, matter

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requires consideration.

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Issue notice to complainant/private respondent returnable at an early date.

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List this case on 11.12.2024.

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

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Till the next date, impugned proceeding shall remain stayed.

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Order Date :- 12.11.2024 V. Sinha

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

Quraisha Bano and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

Quraisha Bano and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Case details

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