Mohd. Faisal Naseem @ Pappu vs State Of U.P.And Another
2022 Latest Caselaw 15524 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 8711 of 2022
 

 
Applicant :- Mohd. Faisal Naseem @ Pappu
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Arvind Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. In the present case, proceedings were initiated under Section 145(1) Cr.P.C. at the instance of Opposite Parties No. 2 and 3 against applicant and proforma Opposite Party No. 4 and notice was issued on 27.04.2015 by Sub-Divisional Magistrate, Karchhana, Allahabad. On the same day concerned Magistrate invoked power under Section 146(1) Cr.P.C. and passed order for attachment of property in question.

2. Sri Arvind Srivastava, learned counsel for applicant, submits that order passed under Section 146(1) Cr.P.C. was challenged in revision which was rejected and challenge to that is presently pending before this Court in Application under Section 482 Cr.P.C. No. 1632 of 2022 wherein proceedings are stayed vide order dated 24.03.2022. Learned counsel further submits that the order under Section 145(1) Cr.P.C. dated 27.04.2015 was challenged for the first time by way of this application, i.e., after about 7 years. He has pointed out that a civil suit was instituted on behalf of Opposite Parties No. 2 and 3 wherein injunction order was passed against Opposite Parties No. 2 and 3 and in favour of applicant, which was placed before Court of Magistrate by way of an application with the prayer to drop proceedings under Section 145(1) Cr.P.C. in the light of judgments passed by Supreme Court in Ram Sumer Puri Mahant vs. State of U.P. and others (1985) 1 SCC 427; Amresh Tiwari vs. Lalta Prasad Dubey and another (2000) 4 SCC 440; and, Mohd. Shakir vs. State of U.P. and others (Special Leave to Appeal (Crl.) No. 5061 of 2022, decided on 26.08.2022, however, said application, which is annexed as Annexure-12 to the affidavit filed in support of this application, is still pending. He fairly submits that this application can be disposed of with the appropriate direction to conclude proceedings under Section 145(1) Cr.P.C. by Magistrate concerned considering the above facts as well as after hearing both parties.

3. Learned AGA appearing for State has no objection if aforesaid prayer is allowed.

4. Considering the above submission, there is no need to issue notice to Opposite Parties No. 2, 3 and 4, as this order will not prejudice their case.

5. In view of above, the application is disposed of with the direction to concerned Magistrate to decide Case No. 44 of 2015, under Section 145(1) Cr.P.C., Police Station Naini, District Allahabad within a period of two months from today after hearing both parties, in accordance with law .

Order Date :- 1.11.2022/AK

(Sl. No. 9 out of 307 fresh cases)