SUDHANSHU MISHRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/44647/2024 · 2025-07-09
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111633 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111633 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110742 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.1) Court No. - 78 Case :- APPLICATION U/S 482 No. - 44647 of 2024 Applicant :- Sudhanshu Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Tripathi,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Sanjay Kumar Mishra, learned counsel for the applicants and Sri Yogendra Singh, learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 08.05.2024 as well as the entire proceeding of Complaint Case No. 136 of 2019 (Shesh Narain Mishra vs. Laxmi Kant and others), under Sections 427 and 504 IPC, P.S. Bindaki, District Fatehpur, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Fatehpur.
3. Learned counsel for the applicants submits that with regard to the incident as alleged in the complaint, a report was sought from the police, according to which the applicants have kept the goods of opposite party no.2 outside the shop in question, which was in occupation of the opposite party no.2. As the opposite party no.2 was not vacating the shop, the legal owners of the shop had kept the goods of the opposite party no.2 outside the shop. Relying upon the aforesaid report, it is submitted by learned counsel for the applicants that no offence whatsoever has been committed by the applicants.
4. Per contra, the learned AGA submits that even as per the police report, it is not disputed that opposite party no.2 was in occupation of the said shop. He may be the tenant or licencee or even an illegal occupant. Admittedly, even in all three conditions, the applicants had no authority to forcibly evict the opposite party no.2. If such activities of the applicants are permitted the same will disturb the peace and social order.
5. At this stage, learned counsel for the applicants seeks to withdraw the instant application.
6. The instant application is accordingly dismissed as withdrawn. Order Date :- 10.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad