Disposed

Gopal Krishna Sharma v. State of U.P. and 2 Others

Allahabad HC21 Apr 2025A482/28544/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash complaint proceedings under Sections 420 and 406 IPC alleging a saree business dispute was criminal in nature only to extract money. Court issued notice to opposite party no.2 with counter/rejoinder timelines and stayed coercive action till next listing.

What did the court decide?

Notice issued to opposite party no.2; no coercive action against applicant until next date of listing (30.05.2025); interim order extended.

Gopal Krishna Sharma vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2025)

¶1

Court No. - 87 Case :- APPLICATION U/S 482 No. - 28544 of 2024 Applicant :- Gopal Krishna Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Mishra,Himanshu Giri Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.

¶2

Heard Mr. Himanshu Giri, learned counsel for the applicant, learned Additional Government Advocate for the State-opposite party no.1 and perused the record.

¶3

The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing the entire proceedings including Summoning order dated 26.03.2021 passed by Metropolitan Magistrate, Court No.5, Kanpur Nagar in Complaint Case No. 813 of 2012 (Frm Shah Rewalal and another vs. Farm Bhaiya Ji) under Section 420, 406 IPC, Police Station Collectorganj, District Kanpur Nagar, pending in the Court of Metropolitan Magistrate, Court No.5, Kanpur.

¶4

Counsel for the applicant submits that the applicant was doing business with opposite party no.2. The applicant got sarees from opposite party no.2 and since they were defective, the same were returned to them in the year 2006 and regarding the same there was a business dispute between the applicant and opposite party no.2 and opposite party no.2 lodged criminal complaint against the applicant.

¶5

Mr. Himanshu Giri appearing on behalf of applicant submit it is a pure commercial dispute and just to put undue pressure on the applicant to extract money the present criminal proceeding has been initiated against the applicant.

¶6

Matter requires consideration.

¶7

Issue notice to opposite party no.2.

¶8

Steps be taken within a week.

¶9

Counter affidavit may be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

¶10

List the matter on 30th May, 2025.

¶11

Till the next date of listing, no coercive action shall be taken against the applicant.

¶12

Interim order, if any, is extended till the next date of listing.

¶13

Order Date :- 21.4.2025

¶14

Kumar Manish

¶15

Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Gopal Krishna Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

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Gopal Krishna Sharma v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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