Application under Section 482 seeking quashing of a complaint case alleged to be a counter blast to an FIR over a forged will; court issued notice and stayed the impugned order till further orders.
Interim stay of impugned order dated 07.03.2024 till further orders; notices issued; listed 06.03.2025.
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Court No. - 16 Case :- APPLICATION U/S 482 No. - 542 of 2025 Applicant :- Shivam Pathak And 4 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners as well as learned AGA for the State.
Learned counsel for the petitioners submits that father of opposite party no. 2 executed a registered will dated on 17.10.2016 in favour of his daughter-in-law Kavita Pathak, Om Prakash Pathak and Devendra Pathak (opposite party no. 2) giving 1/3rd share to each of them, however, respondent no. 2 got executed a forged will deed from his father on the portion of Kavita Pathak on 10.09.2021, both the will deeds are on record. Thus, Kalpana Pathak registered an FIR No. 76/2023, under Section 323/504/506/420 IPC, P.S. Kotwali, District Sitapur against opposite party no. 2 in which petitioner no. 2 and 3 are witnesses.
It has been further submitted that as a counter blast to the FIR No. 76/2023, the impugned complaint case has been filed by opposite party no. 2 only in order to exert pressure on the witnesses of FIR No. 76/2023.
It has been further submitted that the impugned proceedings are nothing but an abuse of process of law.
The matter, prima facie, requires consideration.
Let notices be issued to respondent no. 2.
List on 06.03.2025.
Till further orders of the Court, the impugned order dated 07.03.2024 is stayed.
Order Date :- 22.1.2025/R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether proceedings in the complaint case filed as a counter blast to FIR No. 76/2023 should be stayed pending consideration of quashing.
2 provisions across 2 enactments
Shivam Pathak And 4 Others
State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.
Opposite Party No. 2
Karunesh Singh Pawar
As recorded by the court registry
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