Raju Agarwal @ Rajeev and Another v. State of Up and Another

Allahabad HC10 Jan 2025A482/26871/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of Section 306 IPC proceedings and summoning order in an abetment-of-suicide case. Court found the matter prima facie requiring consideration, called for counter affidavits within three weeks with rejoinder thereafter, listed after eight weeks, and stayed further proceedings until further orders.

What did the court decide?

Further proceedings in criminal case No. 14720 of 2024 stayed against the applicants until further orders.

Raju Agarwal @ Rajeev and Another vs State of Up and… — Quashing and FIR | Allahabad HC (2025)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 26871 of 2024

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Applicant :- Raju Agarwal @ Rajeev And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- Shekhar Singh,G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Pankaj Sharma, learned counsel for the applicants, Shri Alok Mishra, learned A.G.A. for the State and Shri Shekhar Singh, learned counsel for the opposite party No. 2.

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The present 482 Cr.P.C. application has been filed by the applicants to quash the entire proceedings of criminal case No. 14720 of 2024 (State Vs. Raju Agarwal @ Rajeev and another) arising out of case crime No. 124 of 2024, under Section 306, I.P.C., Police Station- Etmaddaula, District Agra as well as cognizance/summoning order dated 29.7.2024, pending in the court of Additional Chief Judicial Magistrate, Court No. 8, Agra.

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Learned counsel for the applicants submits that the first information report dated 5.4.2024 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that as per allegation of F.I.R., father of the first informant committed suicide at the instance of construction of the applicant nearby the Dhaba of the first informant. It is further submitted that there is no presummoning evidence with regard to essential ingredients of the offence punishable under Section 306, I.P.C. It is further submitted that a Division Bench of this Court protected the present applicant till the submission of police report under Section 173(2), Cr.P.C. on 29.5.2024 in Criminal Misc. Writ Petition No. 8513 of 2024. It is further submitted that both the parties settled their dispute.

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Prima facie, matter requires consideration.

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

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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.

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List after eight weeks.

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

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Order Date :- 10.1.2025 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Raju Agarwal @ Rajeev and Another v. State of Up and Another

Case brief

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Raju Agarwal @ Rajeev and Another v. State of Up and Another

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