Abdul Khalik and Another vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

Abdul Khalik and Another vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim stay of further proceedings in Case No. 2896 of 2019 and of the summoning order dated 02.11.2022 and revisional order dated 16.08.2024 till the next date of listing; notice to opposite party no. 2 returnable at an early date; counter affidavits within three weeks; matter listed in the week commencing 03.03.2025.

Issue for consideration

Whether the entire proceedings of Case No. 2896 of 2019 under Sections 323, 504, 506, 420, 468, 471 IPC, the summoning order dated 02.11.2022 and the revisional order dated 16.08.2024 are liable to be quashed. +1 more

Court's answer

Prima facie, the matter requires consideration; accordingly notice was directed to be issued to opposite party no. 2, returnable at an early date, with counter affidavits permitted within three weeks and the matter listed in the week commencing 03.03.2025.

Ratio / Principle

As an interim measure, further proceedings in Case No. 2896 of 2019 and the operation of the summoning order dated 02.11.2022 and the revisional order dated 16.08.2024 shall remain stayed till the next date of listing.

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. — prayer to quash the entire proceedings of Case No. 2896 of 2019 (Shiv Kumar Singh vs. Vijay Kumar Singh and others) under Sections 323, 504, 506, 420, 468, 471 IPC, P.S. Nawabganj, District Bahraich, the summoning order dated 02.11.2022 and the revisional order dated 16.08.2024 passed in Criminal Revision No. 15 of 2023 — applicants contend they are marginal witnesses of a registered sale deed executed by Vijay Kumar in favour of Manju, and that the statements recorded under Sections 200 and 202 Cr.P.C. were not considered and the trial court summoned them without applying its mind — Court found that, prima facie, the matter requires consideration — notice issued to opposite party no. 2, returnable at an early date; counter affidavits permitted within three weeks; further proceedings and the impugned orders stayed till the next date of listing; matter listed in the week commencing 03.03.2025. Interlocutory order at notice stage; no final determination on merits.

Court No. - 28 Case :- APPLICATION U/S 482 No. - 202 of 2025 Applicant :- Abdul Khalik And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A.

Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicants and learned AGA for the State.

The present 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings of Case No.2896 of 2019 (Shiv Kumar Singh vs. Vijay Kumar Singh and others) under Sections 323, 504, 506, 420, 468, 471 IPC, P.S. Nawabganj, District Bahraich pending in the court of Civil Judge (Junior Division)/Judicial Magistrate IInd, Bahraich and quash the summoning order dated 02.11.2022 as well as revisional order dated 16.08.2024 passed in Criminal Revision No.15 of 2023.

It has been submitted by learned counsel for the applicants that they are marginal witness of the sale deed and it is not the case that the sale deed is forged but it is a registered sale deed and it has been executed by one Vijay Kumar in favour of Manju. The learned counsel further submitted that in the statements recorded under Section 200 and 202 Cr.P.C. the complainant had stated that there is dispute between the complainant and Vijay Kumar. It has been submitted that the statements recorded under sections 200 and 202 Cr.P.C. are not considered and the trial court had summoned the applicants without applying its mind.

In view of the aforesaid, prima facie, it appears that the matter requires consideration.

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

Steps be taken within a week.

Learned A.G.A. as well as the opposite party No.2 may file their counter affidavits within a period of three weeks.

List in the week commencing 03.03.2025.

Till the next date of listing, further proceedings in respect of Case No.2896 of 2019 (Shiv Kumar Singh vs. Vijay Kumar Singh and others) under Sections 323, 504, 506, 420, 468, 471 IPC, P.S. Nawabganj, District Bahraich pending in the court of Civil Judge (Junior Division)/Judicial Magistrate IInd, Bahraich and quash the summoning order dated 02.11.2022 as well as revisional order dated 16.08.2024 passed in Criminal Revision No.15 of 2023 shall remain stayed.

Order Date :- 7.2.2025 Pks

Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench