Anil Kumar Gupta vs State Of U.P. And Another
2023 Latest Caselaw 29969 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:206377
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 36409 of 2023
 

 
Applicant :- Anil Kumar Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Kripa Shanker Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Supplementary affidavit filed today be taken on record.

2. Heard Sri Sheo Ram Singh, Adovcate holding brief of Sri Kripa Shanker Yadav, learned counsel for the applicant and learned A.G.A. for the State.

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11.3.2023, cognizance/summoning order dated dated 22.5.2023 as well as entire proceedings of Case No. 18320 of 2023 (State vs. Raghvendra Pratap Singh Patel and others), arising out of case crime No. 295 of 2022, under Sections 419, 420, 406, 504, 506 IPC, Police Station- Phaphamau, District- Prayagraj, pending in the court of Chief Judicial Magistrate, Allahabad.

4. Learned counsel for the applicant submitted that earlier opposite party no.2 has lodged an FIR on 14.9.2022 against the applicant, which was registered as case crime No. 295 of 2022, under Sections 419, 420, 406, 504, 506 IPC. He next submitted that before submission of charge sheet, opposite party no.2 has lodged complaint against the applicant under Section 138 of N.I. Act, upon which summoning order dated 22.5.2023 has been issued. He next submitted that for the same offence two parallel proceedings may not be initiated. So far as present case is concerned, once the proceeding is initiated under Section 138 of N.I. Act, any other criminal proceedings is not maintainable. In support of his contention, he has placed reliance upon the judgment of Apex Court in the cases of Kolla Veera Raghav Rao vs. Gorantla Venkateswara Rao and Ors. reported in 2011 (2) ACR 1497 (SC) & G. Sagar Suri and Ors. vs. State of U.P. and Ors. reported in 2000 (1) ACR 427 (SC). He also submitted that as to whether alongwith proceedings under Section 138 of N.I. Act, a parallel criminal proceeding is maintainable or not, matter was referred to Larger Bench in the case of J. Vedhasingh vs. R.M. Govindhan and others reported in 2022 (4) ACR 3245. He next submitted that once the matter is referred to Larger Bench, earlier decision of Court shall be followed. In support of his contention, he has placed reliance upon the judgment of Apex Court in the case of Union Territory of Ladakh and others vs. Jammu and Kashmir National Conference and others passed in Civil Appeal No. 5707. He lastly submitted that under such facts and circumstances as well as law laid down by the Apex Court, aforesaid proceedings is bad and liable to be quashed.

5. Matter requires consideration.

6. Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.

7. Issue notice to opposite party no.2 returnable within eight weeks.

8. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

9. List on 11.12.2023 before appropriate Bench.

10. Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant.

12. This case shall not be treated as part heard or tied up to this Bench.

Order Date :- 30.10.2023

Junaid