The Court stayed the summoning order, finding prima facie that the allegations revealed a civil dispute disguised as a criminal offence. Interim protection was granted to the appellant pending further proceedings.
Stay of summoning order and interim protection granted to appellant.
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Court No. - 13
Case :- CRIMINAL APPEAL No. - 697 of 2024
Appellant :- Atul Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Vaibhav Upadhyay Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
Learned AGA has filed counter affidavit and Shri Suyesh Pradhan, Advocate has filed Vakalatnama on behalf of the complainant, which are taken on record.
Considering the facts, as indicated, particularly the allegations levelled in the FIR and protest application, according to which the appellant and victim met in the month of January, 2019, thereafter the victim gave Rs.50,000/- for the purpose of purchasing a plot in Shine City (no date of this transaction has been indicated either in the FIR or in the protest application) and as also whats app chat on record as Annexure No.11 between the appellant and victim and also parcha Nos.18 and 21 of case diary, which are on record as Annexure No.9 and 16, respectively, and the medical report (Annexure No.10), this Court is prima facie of the view that to a civil dispute, cloak of criminal offence has been given. Accordingly, interim protection to the appellant is required.
In view of the aforesaid, the effect and operation of the impugned summoning order dated 20.07.2023 in Case Crime No.109 of 2022, under Section 406, 420, 328, 376, 504, 506 IPC and 3(2)(v) SC/ST Act, Police Station- Sairpur, DistrictLucknow shall remain stayed till the next date of listing.
Learned counsel for the complainant prays for and is granted two weeks' time to file counter affidavit. One week's time thereafter shall be available to learned counsel for the appellant to file rejoinder affidavit.
List thereafter.
Order Date :- 7.5.2024 Ashutosh
Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the criminal charges cloak a civil dispute?
7 provisions across 2 enactments
Atul Singh
State Of U.P. Thru. Prin. Secy. Home And Another
Saurabh Lavania
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
