Amar Bahadur Patel v. State of U.P. and Another) has been filed
Case Details
Neutral Citation No. - 2025:AHC:90099 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 3822 of 2025 Applicant :- Amar Bahadur Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Indra Deo Mishra,Pankaj Kumar Tiwari,Vinod Kumar Pandey Hon'ble Mrs. Manju Rani Chauhan,J. Instant application has been preferred by the applicant challenging the summoning order dated 19.05.2017, charge sheet dated 14.04.2017 as well as entire proceedings of Sessions Trial No. 103
Legal Reasoning
of 2017, arising out of Case Crime No. 13 of 2017, under Sections 419, 420, 467, 468, 323, 504, 506 IPC read with Sections 3(1)(r)(s) and 3(2) of SC/ST Act, Police Station Meja, District Prayagraj, pending in the court of Special Judge (SC/ST Act), Prayagraj.
Legal Reasoning
Learned counsel for the parties Sri Sudhanshu Kumar, learned Advocate holding brief of Sri Dhirendra Kumar Srivastava, learned Advocate, on behalf of the applicant, Sri Vinod Kumar Pandey, learned Advocate on behalf of O.P. No. 2, state that the matter has been amicably settled between the parties. However, Mr. Indra Deo Mishra, learned Advocate who has been engaged by O.P. No. 2 mentioned about the objections to the compromise filed before the the court concerned, therefore, on 26.05.2025 following order was passed: "Heard Mr. Sudhansu Kumar, learned Advocate, holding brief of Mr. Dhirendra Kumar Srivastava, learned counsel for the applicant, Mr. Vinod Kumar Pandey, learned counsel for the opposite party no.2 and learned A.G.A.-I for the State. While learned counsel for the parties were arguing the matter stating that the matter has been amicably settled between the parties, it has been pointed out by Mr. Indra Deo Mishra, Advocate, who also appears on behalf of the opposite party no.2, that two petitions have already been dismissed by this Court, which are as follows:-
Decision
(i) One petition i.e. Application u/s 482 No.23720 of 2017 (Amar Bahadur Patel v. State of U.P. and Another) has been filed with a prayer to quash the charge sheet as well as the entire proceedings, which has been disposed off by the co-ordinate Bench of this Court vide order dated 01.08.2017, however, the prayer for quashing of charge sheet as well as proceedings was refused. (ii) Another petition i.e Criminal Appeal No.8662 of 2022 (Amar Bahadur Patel v. State of U.P. and Another) was filed challenging the summoning order, which has also been disposed off by the co-ordinate Bench of this Court vide order dated 02.05.2023 after refusing the prayer to interfere in the summoning order. This Court finds that the present application u/s 528 B.N.S.S. has been filed with a prayer to quash the charge sheet dated 14.04.2017, summoning order dated 19.05.2017 as well as the entire proceedings. Perusal of the orders passed in earlier petition goes to show that the orders have already been challenged and the Court had refused to quash the charge sheet, summoning order as well as the entire proceedings. Mr. Indra Deo Mishra, Advocate, has also pointed out that compromise application has been filed before the Court concerned and objection has also been filed by the opposite party no.2. This Court finds that two counsels are appearing before this Court on behalf of opposite party no.2, one making statement in favour of the compromise and the other stating about objection to the compromise being filed, therefore, it becomes necessary to call for opposite party no.2 before this Court tomorrow i.e. 27.05.2025. The Commissioner of Police, Prayagraj, is directed to ensure presence of Mr. Chirakhi Kol S/o Bhurey Kol, opposite party no.2, R/o Village-Hardiha, P.S. Khiri, District-Prayagraj, before this Court, tomorrow i.e. 27.05.2024 at 12 O'clock. Put up as fresh tomorrow i.e. 27.05.2025. Registrar (Compliance) and Mr. Amit Singh Chauhan, learned A.G.A.-I, are directed to ensure compliance of this order. Copy of this order may be given to learned A.G.A.-I free of cost." In compliance of the aforesaid order, O.P. No. 2 Sri Chirakhi Kol has been brought to this Court by SI Sonjeet Yadav (PNO 222030322), SI Avesh Kumar Mishra (PNO 231050775) and HC Devendra Singh (PNO 062801111), posted at P.S. Khiri, Prayagraj. He has stated before this Court that he engaged Mr. Indra Deo Mishra and not Mr. Vinod Kumar Pandey as counsel before this Court. He also expressed his condition, not being in a position to contest the case against the applicant and another person, namely, Vinay Kumar Pandey against whom FIR was lodged, wherein the matter travelled up to the Apex Court and no relief has been granted to them. He also stated that he has filed objection before the court concerned as he is not ready for the compromise. He further stated that he has 5 bighas of land which has been taken over by the applicant showing him (O.P. No. 2) dead. Thus, such fraud has been played by the applicant and being an old and infirm poor man nothing is left for O.P. No. 2 to survive. As the matter is pending since couple of years, therefore, he has expressed his inability before this Court to contest the case. Mr. Indra Deo Mishra, learned Advocate has informed that the trial is towards its conclusion wherein three witnesses have been examined. As the compromise filed before this Court has been denied by the O.P. No. 2 himself, this Court is refraining itself from passing any adverse order against the applicant, learned counsel for the parties Mr. Sudhanshu Kumar and Sri Dhirendra Kumar Srivastava who have put in appearance before the Court today as well as Mr. Vinod Kumar Pandey. In view of the statements as made by O.P. No. 2, who is appearing before this Court, seeing his condition and the concealment done by learned counsel for the parties, the petition is dismissed. However, the conduct of Mr. Indra Deo Mishra, learned Advocate is appreciated as he has very fairly pointed out the truthfulness of facts before this Court. The trial court is required to take endeavour to conclude the trial expeditiously, preferably within a period of six months from today, without granting any adjournment. Order Date :- 27.5.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad