Mahesh Kumar and 5 Others vs State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Court No. - 13

Case :- CRIMINAL APPEAL No. - 1563 of 2024

Appellant :- Mahesh Kumar And 5 Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Brijesh Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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Steps be taken within seven working days.

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Learned AGA shall also inform opposite party No.2 about date fixed in the matter through concerned police officer and place the proof thereof by way of an affidavit before this Court when the case is listed next.

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Considering the fact that earlier opposite party No.2 lodged an FIR bearing Case Crime No.304 of 2013 and based on the same the trial against the appellant is pending before the Special Judge SC/ST Act, Ayodhya/Faizabad under Section 323, 504, 506 IPC and 3(1)(x) SC/ST Act and opposite party No.2 has already been examined before the trial court and thereafter opposite party No.2 preferred an application dated 02.11.2021 under Section 156(3) Cr.P.C. implicating all the family members and making allegations to attract the offence under Sections 323, 504, 506 and 427 IPC and a perusal thereof indicates that to a civil dispute, cloak of criminal offence has been given, this Court finds that interim protection is required.

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Accordingly, till the next date of listing, implementation and operation of the impugned order dated 08.02.2024 passed by Special Judge SC/ST Act, Ayodhya/Faizabad in Criminal Complaint No.14 of 2022 (Krishna Devi Vs. Mahesh Kumar and others), under Sections 323, 504, 506, 427 and 3(2)(va) SC/ST Act, Police Station- Inayat Nagar, DistrictAyodhya/Faizabad shall remain stayed.

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List this case on 2nd July, 2024.

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Order Date :- 7.5.2024 Ashutosh

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

Mahesh Kumar and 5 Others v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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Mahesh Kumar and 5 Others v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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