S.R. Gautam Alias Rakesh Raj Gautam Alias Rakesh Gautam vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

S.R. Gautam Alias Rakesh Raj Gautam Alias Rakesh Gautam vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: further proceedings of Session Trial No. 125 of 2006 (Case Crime No. 53A of 2001, Sections 395, 397 IPC) stayed against the applicant until further orders of the Court; notice on behalf of opposite party no. 1 accepted by the learned A.G.A.; notice ordered to private opposite party no. 2 through the C.J.M., returnable at an early date; A.G.A. and opposite party no. 2 to file counter affidavits within two weeks and rejoinder affidavit within one week thereafter; matter listed after eight weeks.

Issue for consideration

Whether the entire proceedings of Session Trial No. 125 of 2006 (State vs. Rajesh Dwivedi and others), arising out of Case Crime No. 53A of 2001 under Sections 395, 397 IPC, and the cognizance/summoning order dated 19.07.2006 pending before the Session Judge/Special Judge (Dacoity Affected Area), District Jalaun at Orai, should be quashed.

Court's answer

The Court found that, prima facie, the matter requires consideration.

Ratio / Principle

Until further orders of this Court, further proceedings of the aforesaid case (Session Trial No. 125 of 2006) shall remain stayed against the applicant.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 75), Hon'ble Sanjay Kumar Pachori, J. — Application U/S 482 No. 17695 of 2024, order dated 20.1.2025. Applicant S.R. Gautam Alias Rakesh Raj Gautam Alias Rakesh Gautam seeks quashing of the entire proceedings of Session Trial No. 125 of 2006 (State vs. Rajesh Dwivedi and others), arising out of Case Crime No. 53A of 2001, under Sections 395, 397 IPC, P.S. Madhavgarh, District Jalaun at Orai, as well as the cognizance/summoning order dated 19.07.2006 pending in the Court of Session Judge/Special Judge (Dacoity Affected Area), District Jalaun at Orai. Counsel (Shri Rajesh Kumar Dubey; also listed: Mohit Gautam) submitted that the impugned F.I.R. dated 11.08.2001 rests on false and frivolous allegations with ulterior motive to harass the applicant; that the applicant is police personnel of the raiding party of Case Crime No. 62 of 2000; that the present FIR is a counterblast case of Case Crime No. 53 of 2001, under Sections 197, 148, 323, 324, 326, 506, 504, 332, 353, 325 IPC and Section 7 Criminal Law Amendment Act, lodged by the police party; that the Final Report was submitted and cognizance taken as a complaint case; that there is no pre summoning evidence regarding Sections 395, 397 IPC; and that no recovery was made. Finding the matter prima facie to require consideration, the Court accepted notice for opposite party no. 1 (State of U.P.) through Sri Manoj Kumar Singh, learned A.G.A., directed notice to private opposite party no. 2 through the C.J.M., called for counter affidavits within two weeks and rejoinder within one week thereafter, listed the matter after eight weeks, and stayed further proceedings of the aforesaid case against the applicant until further orders. No merits adjudication at this stage; interim stay is the operative relief.

Court No. - 75

Case :- APPLICATION U/S 482 No. - 17695 of 2024

Applicant :- S.R. Gautam Alias Rakesh Raj Gautam Alias Rakesh Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Gautam,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Rajesh Kumar Dubey, learned counsel for the applicant and Sri Manoj Kumar Singh, learned A.G.A. for the State.

Delay in filing the present application has been explained.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Session Trial No. 125 of 2006 (State vs. Rajesh Dwivedi and others), arising out of Case Crime No. 53A of 2001, under Sections 395, 397 IPC, P.S. Madhavgarh, District Jalaun at Orai as well as cognizance/summoning order dated 19.07.2006, pending in the Court of Session Judge/Special Judge (Dacoity Affected Area), District Jalaun at Orai.

Learned counsel for the applicant submits that the impugned F.I.R. dated 11.08.2001 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 applicant is police personnel of raiding party of Case Crime No. 62 of 2000. It is further submitted that the present FIR has been lodged as a counterblast case of Case Crime No. 53 of 2001, under Sections 197, 148, 323, 324, 326, 506, 504, 332, 353, 325 IPC and Section 7 Criminal Law Amendment Act, which was lodged by police party. It is further submitted that the Final Report has been submitted and cognizance order has been passed as a complaint case. It is further submitted that there is no pre summoning evidence with regard to the offence punishable under Sections 395, 397 IPC. It is further submitted that no recovery has been made.

Prima facie, matter requires consideration.

Notice on behalf of opposite party no. 1 has been been accepted by the learned A.G.A. for the State.

Issue notice to private opposite party no. 2 through C.J.M.

concerned returnable at an early date

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

List after eight weeks.

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

Order Date :- 20.1.2025 MAA/-

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