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Allahabad High Court stays criminal case proceedings in Judicial Magistrate court in Jhansi

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The Allahabad High Court has stayed the proceedings of the criminal case going on in the court of Judicial Magistrate Jhansi against Bhawani Singh Parihar, accused of fraud and conspiracy in the land deal.

A Single Bench of Justice Manish Kumar passed this order while hearing an Application under Section 482 Cr.P.C  filed by Bhawani Singh @ Bhawani Singh Parihar And 3 Others.

The petition has been preferred under Section 482 Cr.P.C to quash the entire proceedings of Case based on Charge-sheet dated 03.06.2019 arising out of Case Crime under Sections 147, 420, 504, 506 and 120-B of the Indian Penal Code, Police Station Prem Nagar, District Jhansi pending before the Judicial Magistrate, Jhansi including the undated cognizance order by which the applicants have been summoned to face trial for the aforesaid offence.

Counsel for the applicants submitted that the applicants have falsely been implicated in the case by the respondent no 2/complainant.

It is further submitted that in the FIR, the allegations against the applicants are that they have entered into an agreement to sell of a land in-collision with one Sitaram, which has already been sold to the respondent no 2/complainant by executing the sale deed dated 11.07.2013.

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It is also submitted that just to falsely implicate the applicants, it has been mentioned in the FIR that applicant no 4 and others had restrained the respondent no 2 from levelling of the land and had started hurling abuses. The agreement to sell entered into between the Sitaram and the applicants are without possession of the land and they are not in possession of the same.

It is further submitted that by filing the complaint respondent no 2 is trying to give a criminal colour to a civil dispute.

Counsel for the applicants said that the court below has passed the undated summoning order against the applicants and without assigning any reason and without application of judicious mind, and hence, it is liable to be quashed.

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Additional Government Advocate submitted that from the FIR and the statements, the offence is made out against the applicants but unable to dispute the submissions raised by the counsel for the applicant as well as the law propounded by the Supreme Court in the case of Mitesh Kumar J. Sha (supra) as well as by the Court in the cases of Smt Rubina Khan (supra), Ankit (supra) and Pankaj Jaiswal (supra).

The Court said that the matter requires consideration and issued notice to the respondent no 2.

“Steps will be taken within seven days. List this case in the week commencing 02.05.2022, as fresh.

 Till the next date of listing proceedings of the above mentioned case shall remain stayed as far as it is related to the application”, the Court ordered.

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