Disposed¶15

Dayaram and 3 Others v. State of U.P. and Another

Allahabad HC1 Apr 2025A482/329/2025

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application; FIR dated 12.2.2014; Case Crime No. 25 of 2014; Sections 406, 420 IPC; tractor loan on forged documents; State Bank of India Branch Manager; loan allegedly paid in 2024; cognizance/summoning order dated 4.3.2016; Civil Judge (Sr. Div.) FTC Fatehpur; K. Bharthi Devi v. State of Telangana 2025(1) JIC 102 (SC); interim stay of further proceedings; Allahabad High Court; Sanjay Kumar Pachori, J.; order dated 1.4.2025.

What did the court decide?

Interim relief only: further proceedings of Case No. 8732 of 2016 stayed against the applicants until further orders; notice to respondent no. 2 through C.J.M.; counter affidavits within three weeks; rejoinder affidavit within one week thereafter; case listed after eight weeks. ¶15

Dayaram and 3 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 329 of 2025

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Applicant :- Dayaram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Manvendra Singh, learned counsel for the applicants and Sri Ashwani Kumar Rai, learned A.G.A. for the State are present.

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The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Case No. 8732 of 2016 (State v. Dayaram and Others), arising out of Case Crime No. 25 of 2014, under Sections 406, 420 of IPC, P.S. Thariyaon, District Fatehpur, as well as cognizance/summoning order dated 4.3.2016, pending in the Court of Civil Judge (Sr. Division), FTC, Fathepur.

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Learned counsel for the applicants submitted that impugned First Information Report dated 12.2.2014 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 the allegations of FIR, which has been lodged by the Branch Manager of State Bank of India, Fatehpur, the applicants got sanction loan for Tractor on the basis of forged documents and sold out the aforesaid tractor without paying loan amount. It is further submitted that the loan amount has been paid in the year 2024.

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It is further submitted that cognizance order has been passed without considering the essential ingredients of the of the offences punishable under Sections 406, 420 of I.P.C for the same set of act respectively. Learned counsel for the applicants relied upon the judmgent of the Apex Court in K. Bharthi Devi and Another v. State of Telangana and Another, 2025(1) JIC 102 (SC)

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Prima facie , Matter requires consideration.

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Notice on behalf of respondent no. 1 has been accepted by learned A.G.A.

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Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date.

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Learned A.G.A. as well as respondent no. 2 may file their counter affidavits within three weeks.

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Rejoinder affidavit may thereafter be filed within one week.

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List this case after eight weeks.