Sanjeev Gupta and 2 Others v. State of Up and Another

Court No. - 83

Case :- CRIMINAL APPEAL No. - 521 of 2024

Appellant :- Sanjeev Gupta And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Pankaj Satsangi Counsel for Respondent :- G.A.,Juned Alam,Pradeep Kumar

Hon'ble Saurabh Srivastava,J.

1. Heard Sri Pankaj Satsangi, learned counsel for the appellants and learned A.G.A. for the State.

1. It is the case of the appellants that dispute regrading demarcation of land was already persisting between the parties and the same was finally culminated into compromise before the concerned Station House Officer, Police Station Civil Lines, Budaun wherein the date of incident is crystal clear mentioned as 20.08.2023.

1. Learned counsel for the appellants submitted that with regard to the same incident i.e. 20.08.2023 an application under section 156(3) Cr.P.C. has been preferred by the opposite party no. 2 wherein which culminated into order dated 02.01.2024 in pursuance to the Sessions Case No. 4 of 2024, under Sections 323, 324, 504, 506, 427 IPC and 3(1)(Da), (Dha) SC/ST Act, Police Station Civil Lines, District Budaun through which the appellants have been summoned and immediately having knowledge of the same appellants preferred the instant appeal for challenging the same.

1. This argument raised by learned counsel for the appellants that once the compromise has already been took place before the same police station under which circumstances the charge-sheet has been preferred by the concerned Investigating Officer and without considering the material fact the impugned order dated 02.01.2024 has been passed.