Partly allowed

Chandrashekhar @ Guddu Katiyar v. State of Uttar Pradesh through through Its Secretary Home Affair and Another

Allahabad HC29 Apr 2025A482/1355/2025

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash criminal proceedings alleging offences under Sections 427, 504, and 506 IPC, the Court accepted notice from one opposite party, directed issue of notice to the other, set a timeline for counter affidavits, and partly allowed the application to stay proceedings pending hearing.

What did the court decide?

Further proceedings against the applicant stayed; notice issued to opposite party No. 2; counter affidavits required from parties.

Chandrashekhar @ Guddu Katiyar vs State… — Contract and Commercial Disputes | Allahabad HC (2025)

¶1

e-court

¶2

Court No. - 72

¶3

Case :- APPLICATION U/S 482 No. - 1355 of 2025

¶4

Applicant :- Chandrashekhar @ Guddu Katiyar Opposite Party :- State Of Uttar Pradesh Through Through Its Secretary Home Affair And Another Counsel for Applicant :- Nidhi Kaushik,Vijay Kumar Sharma Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Pachori,J.

¶6

Heard Sri Vijay Kumar Sharma, learned counsel for the applicant and Shri R.K.Singh, learned A.G.A. for the State.

¶7

The present 482 Cr.P.C. application has been filed by the applicant to quash the entire proceedings of criminal case No. 76905 of 2024 (State Vs. Chandrashekhar @ Guddu Katiyar and another), arising out of case crime No. 58 of 2024, under Sections 427, 504, 506, I.P.C., Police Station- Swarup Nagar, District Kanpur Nagar as well as cognizance/summoning order dated 26.7.2024, pending in the court of Chief Judicial Magistrate, Kanpur Nagar.

¶8

Learned counsel for the applicant submits that the first information report dated 13.4.2024 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the impugned F.I.R. has been lodged after about four days of the incident. It is further submitted that prior to lodging of the present F.I.R., both the parties settled their dispute for altercation under Sections 107/116, Cr.P.C. on 9.3.2024. It is further submitted that there is no presummoning evidence with regard to offence punishable under Sections 504, 427, I.P.C.

¶9

Prima facie, matter requires consideration.

¶10

Learned A.G.A. has accepted notice on behalf of opposite party No. 1.

¶11

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

¶12

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter.

¶13

Connect with Application U/S 482 No. 1037 of 2025 and list after eight weeks.

¶14

Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicant.

¶15

Order Date :- 29.4.2025 MAA/-

¶16

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Chandrashekhar @ Guddu Katiyar v. State of Uttar Pradesh through through Its Secretary Home Affair and Another

Case brief

What is this about?

What did the court decide?

Chandrashekhar @ Guddu Katiyar v. State of Uttar Pradesh through through Its Secretary Home Affair and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Morpal and 5 Others vs State of U.P. and Another

Harish Kumar Tyagi and 3 Others vs State of U.P. and Another

Smt. Priya Vishwakarma vs State of U.P. and 5 Others

Satyadeo and Another vs State of U.P.

Vandana Verma vs Munna Lal

Sanjay Dhama vs State of U.P. and Another