Disposed

Subhash Chandra Mishra and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC4 Dec 2024A482/9945/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of proceedings arising from a Section 133 Cr.P.C. notice. The court held that issuing a notice to the applicant, providing them an opportunity to file a reply, did not constitute illegality.

What did the court decide?

The application stood disposed of; applicant directed to file reply within one week before the competent authority.

Subhash Chandra Mishra and Others Vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:80811

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9945 of 2024

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Applicant :- Subhash Chandra Mishra And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Durgesh Vijay Srivastava,Hemant Kumar Mishra,Jai Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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1. Heard.

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The instant application has been filed by the applicants with prayer to quash the entire proceedings of Case No.09 of 2024 (State vs. Subhash Chandra Mishra & Others) under Section 133 Cr.P.C., Police Station- Sarojini Nagar, District- Lucknow as well as the order dated 7.8.2024 passed by Apar Police Upayukt/ Karyapalak Magistrate (Dakshini), Lucknow.

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On 26.11.2024, following order was passed:-

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"1. Vakalatnama filed by Shri Hemant Kumar Mishra and Ms. Arti Ganguli, Advocates on behalf of the opposite party no.2 is taken on record.

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2. Heard learned counsel for the applicant, learned counsel for opposite party no.2 and learned AGA for the State.

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3. Present application has been filed with the prayer to quash the entire proceedings of Case No.09 of 2024 (State Versus Subhash Chandra Mishra & Others) under Section 133 Cr.P.C., Police Station- Sarojini Nagar, District- Lucknow pending in the Court of Additional Commissioner of Police/Executive Magistrate, South Police Commissionerate, Lucknow as well as the order dated 7.8.2024 passed by him.

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4. Learned counsel for the applicant submits that the applicant is being singled out by the authorities for taking action.

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5. List this case on 04.12.2024 at 11:30 AM.

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6. In the meantime, learned AGA shall seek written instructions from Additional Commissioner of Police/Executive Magistrate, South Police Commissionerate, Lucknow as to what action has been taken against the other encroachers, failing which, he shall appear in person before this court on the next date of listing."

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In pursuance of aforesaid order, written instructions duly signed by Mr. Mahesh Kumar Singh, Sub Inspector, Police Station- Sarojini Nagar, Lucknow are placed before this Court.

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It is evident from the record that only notice has been issued against the applicant and the applicant has been provided sufficient opportunity to file reply to the said notice given by the competent authority under Section 133 Cr.P.C. In such circumstances, this Court is of the view that there is no illegality in the notice issued by the competent authority.

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It is open to the applicant to file reply within a period of one week from today before competent authority. In case such reply is filed before the competent authority, same be considered and decided in accordance with law.

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With above directions, the instant application stands disposed of .

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Order Date :- 4.12.2024 Arpan

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

Subhash Chandra Mishra and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Subhash Chandra Mishra and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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