Pradeep Vs State of U.P. and Another

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Neutral Citation No. - 2025:AHC:113268

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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl. No.25)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 19816 of 2024

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Applicant :- Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Sanjive Kumar Gupta, learned counsel for the applicant and Sri Satyendra Tiwari, learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 28.04.2022 and the entire proceeding of Complaint Case No. 7743 of 2022 as well as the the order dated 18.03.2024 passed in Criminal Revision No. 11 of 2024 (Usha Devi vs. Pradeep), under Section 427/504 IPC, P.S. Kotwali, District Budaun, pending in the court of A.M.M. 7th, Budaun.

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Learned counsel for the applicant submits that the instant case is dispute with regard to the boundaries of the plot sold by the applicant to the opposite party no.2, in respect of which a civil suit is already pending between the parties. In connection with the same, on 24.03.2022 as per the allegations in the complaint, the applicant herein entered in the plot of opposite party no.2 and destroyed the trees standing therein, stating that the said plot is of the applicant. On the basis of the aforesaid complaint, the applicant herein has been summoned for the offences under Section 427 and 504 IPC vide order dated 28.04.2022. Against the said order, the applicant had filed Criminal Revision No. 11 of

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2024 before the 2^nd Additional Sessions Judge, Budaun which was also dismissed vide order dated 18.03.2024. Being aggrieved by the same, the instant application is filed by the applicant.

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The submission of learned counsel for the applicant is that with regard to the same incident, earlier an application under Section 156(3) was filed, which was dismissed for want of prosecution. Subsequently the instant complaint case has been lodged by the opposite party no.2. It is further submitted that since it is a property dispute between the parties, with regard to which a civil suit is already pending between the parties. Learned counsel for the applicant submits that as the dispute between the parties is of a civil nature, the criminal proceedings are unwarranted. Therefore, he seeks quashing of the entire proceeding of the instant case.

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Per contra, learned AGA submits that the applicant has sold a plot in favour of the opposite party no.2. Subsequent thereto, he had tried to forcibly occupy and has actually occupied some portion of the plot sold to the opposite party no.2 and removed the trees standing in the said plot, thereby causing mischief to the opposite party no.2. From the allegations as made in the complaint coupled with the statements under Sections 200 and 202 Cr.P.C., a prima facie case is made out against the applicant. In view thereof, there is no illegality in the summoning order dated 28.04.2022 as well as the order passed by the Revisional Court, dismissing the criminal revision filed by the applicant herein. Thus, learned AGA submits that no interference is required in the case and he prays for dismissal of the instant application.

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Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. The allegations made in the complaint coupled with the

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statement of witnesses categorically made out a prima facie case under Sections 427 and 504 IPC for which the applicant has been summoned.

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