Remanded

Mr. Uvais and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC4 Feb 2025A482/794/2025

Case brief

AI extract

What is this about?

In an application under Section 482 BNSS, the Allahabad High Court granted a stay on criminal proceedings related to a property dispute involving conflicting land entries. The court issued notice to the opposite party to demonstrate rights over the land, noting that the matter requires further consideration.

What did the court decide?

Notice issued to opposite party no. 2 within seven days; interim protection granted demanding report on service. Proceedings stayed for applicants pending response.

Mr. Uvais and Another vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2025)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 794 of 2025

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Applicant :- Mr. Uvais And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rishad Murtaza,Aishwarya Mishra,Arnnav Prakash Tikku Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant(s), learned A.G.A. for the State and perused the material brought on record.

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The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned cognizance and summoning order dated 22.04.2024 passed by Ld. A.C.J.M., Court No. 2. Hardoi in Criminal Case No. 18340 of 2024, Crime No. 334 of 2023, u/s 419, 420 I.P.C. P.S. Sandila, District Hardoi. 1799 of 2024 (State versus Kasim Ali and others) Police Station Sandila, District Hardoi.

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It is further prayed that the entire criminal proceedings arising out Criminal Case No. 18340 of 2024, Crime No. 334 of 2023, u/s 419, 420 L.P.C. P.S. Sandila. District Hardoi. 1799 of 2024 (State versus Kasim Ali and others] Police Station Sandila, District Hardoi be quashed with respect to the petitioners.

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It is further prayed that the execution of the impugned cognizance and summoning order dated 22.04.2024 along with the entire criminal proceedings in Criminal Case No. 18340 of 2024, Crime No. 334 of 2023, u/s 419, 420 I.P.C. P.S. Sandila, District Hardoi. 1799 of 2024 (State versus Kasim Ali and others] Police Station Sandila, District Hardoi may kindly be stayed during the pendency of the present petition."

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Considering the facts as indicated that the informant is claiming rights on the basis of entry in the khatauni and the coaccused are claiming rights on the basis of entry made in the khewat regarding Non-Z.A. land and the entry in the khatauni would not provide any rights over the property in issue as also that applicants are the witnesses of sale agreement executed by the co-accused, who are claiming rights over the property in issue based upon the entries made in the khewat, this Court is of the view that matter requires consideration.

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Accordingly, issue notice to the opposite party no.2.

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Steps in this regard be taken within seven working days.

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List after service of notice alongwith service report.

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Till the next date of listing, the proceedings, in issue, shall remain stayed so far as the same relates to the applicants.

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In case, the steps are not taken within time specified, the interim protection granted by this Court shall not be available to the applicants and it would be open for the trial court to proceed in the matter.

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Order Date :- 4.2.2025 Anand/-

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Mr. Uvais and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Mr. Uvais and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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What the court decided

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