Disposed¶11

Chandrapal and Another v. State of U.P. and Another

Allahabad HC5 Feb 2025A482/22698/2024

Case brief

AI extract

What is this about?

Allahabad High Court; application u/s 482; quashing of summoning order dated 26.11.2022; CJM Firozabad; Case No. 36699 of 2022; Crime No. 141 of 2021; Sections 447 IPC; Sections 3/5 Prevention of Damage to Public Property Act; P.S. Eka, District Firozabad; patta cancellation by SDM dated 04.06.2021; Writ-C No. 14200 of 2021 withdrawn; Writ-C No. 14951 of 2024 pending; stay of criminal proceedings qua applicants till disposal of writ petition; Justice Vinod Diwakar; application disposed of; order date 6.2.2025.

What did the court decide?

Proceedings in Case No. 36699 of 2022 stayed qua the applicants until final adjudication of Writ-C No. 14951 of 2024; application disposed of with the aforesaid observations. ¶11

Chandrapal and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC:18939

¶2

Court No. - 76

¶3

Case :- APPLICATION U/S 482 No. - 22698 of 2024

¶4

Applicant :- Chandrapal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yadvendra Mani Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vinod Diwakar,J.

¶6

Heard the learned counsel for the applicants, the learned A.G.A. for the State-respondent, and perused the records.

¶7

The instant application has been filed with a prayer to quash the summoning order dated 26.11.2022, passed by the learned Chief Judicial Magistrate, Firozabad, in Case No. 36699 of 2022, titled State v. Chandrapal and Another , in pursuance of the charge sheet dated 17.04.2022 arising out of Crime No. 141 of 2021, under Sections 447 IPC and Sections 3/5 of the Prevention of Damage to Public Property Act, P.S. Eka, District Firozabad.

¶8

Learned counsel for the applicants submits that the applicants have been falsely implicated by the police at the behest of the Lekhpal. He further contends that the applicants' patta was cancelled by the Sub-Divisional Magistrate vide order dated 04.06.2021. The said order was challenged before this Court in Writ-C No. 14200 of 2021, which was stayed. Subsequently, the writ petition was withdrawn with liberty to file a fresh petition. Thereafter, another writ petition bearing Writ-C No. 14951 of 2024, has been filed and is presently pending before this Court.

¶9

Learned A.G.A. has not disputed the aforesaid facts.

¶10

In view of the pendency of Writ-C No. 14951 of 2024, which is likely to have a direct bearing on the present matter, the proceedings in the aforementioned case shall remain stayed qua the applicants, until the final adjudication of the said writ petition.

¶11

With the aforesaid observations, the present application is disposed of.

¶12

Order Date :- 6.2.2025 Anil K. Sharma

¶13

Justice Vinod Diwakar

¶14

Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Chandrapal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Chandrapal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases