Disposed

Rajeev Kumar Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC4 Dec 2024NA528/93/2024

Case brief

AI extract

What is this about?

In a criminal application under S. 528 BNSS seeking quashing of a chargesheet and cognizance order, the court directed notice to respondents, stayed the proceedings pending service report, and listed the matter.

What did the court decide?

Stayed proceedings under FIR/Case Crime No. 0228/2024 till next date of listing and issue of service report.

Rajeev Kumar Singh and Another vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Court No. - 20

¶2

Case :- APPLICATION U/S 528 BNSS No. - 93 of 2024

¶3

Applicant :- Rajeev Kumar Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anand Prakash Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arvind Singh Sangwan,J.

¶5

Prayer in this application is for quashing the impugned chargesheet No. 140 of 2024, dated 24.07.2024, arising out of F.I.R./Case Crime No. 0228/2024 under Sections 427, I.P.C. and Section 2/3, Preventiion of Damage to Public Property Act, P.S. Kotwali Dehat, District Pratapgarh, and also the the order taking cognizance on the said chargesheet.

¶6

Learned counsel for the applicants has submitted that the impugned F.I.R. has been registered with the allegation that a drain ( Naali ) for outlet of water of government tubewell has been demolished by the applicants' side. The learned counsel relies upon the application (Annexure-5) given by one person from the Block Development Office and addressed to the District Magistrate with the allegations that drain at the spot has been mended like before, because of which the complainant has now no complainant against the department. The learned counsel further submits that similar report has been submitted by the other officials also. It is further submitted that the F.I.R. has been registered on false and frivolous grounds.

¶7

Matter requires consideration.

¶8

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

¶9

Learned counsel for the applicant shall take requisite steps within one week.

¶10

List this case on 25.02.2025 along with the service report.

¶11

Till the next date of listing, the proceedings arising out of F.I.R./Case Crime No.0228/2024, under Sections 427 of I.P.C. and Section 2/3 of Preventiion of Damage to Public Property Act, Police Station Kotwali Dehat, District Pratapgarh, shall remain stayed.

¶12

Order Date :- 4.12.2024 (Manoj K.)

¶13

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

Rajeev Kumar Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Rajeev Kumar Singh and Another 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

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Awadhesh Kumar Mishra and 2 Others Vs State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Another

Shikhar Gupta Vs State of U.P. Thru. Its Additional Chief Secretary Department of Home and Anr.

Ghanshyam Chandra Kaushal @ Ghanshyam Kaushal Vs State of U.P. Thru. Prin. Secy. (Home Deptt) Lko.

Naresh Kumar vs State of U.P. Thru Addl. Chief Secy. Deptt. of Home Lko and Anr.

Smt. Suita @ Jafirun Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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