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2025 DAILYLAW 7856 (ALL)

KANAD RISHI v. STATE OF U.P. AND ANOTHER

A227/582/2025 · 2025-01-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12244 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 582 of 2025 Petitioner :- Kanad Rishi Respondent :- State of U.P. and Another Counsel for Petitioner :- Sikandar Raza,Vijay Kumar Rai Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner and learned AGA for the State. 2. The instant petition has been preferred with a prayer to quash the order dated 22.07.2024 passed by learned Additional Sessions Judge, Court No.9, Meerut in Criminal Revision No.919 of 2022 (Kanad Rishi and State of U.P.) and order dated 03.11.2022 passed by learned Additional Civil Judge (S.D.), Court No.6, District Meerut in Misc Application No.1505 of 2022 (Vipin Vs. Kanad Rishi and another), arising out of Case Crime No.125 of 2020, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Kanker Khera, District Meerut. 3. Brief facts of the present case are that respondent no.2 lodged an FIR bearing Case Crime No.125 of 2020 on dated 26.02.2020 against petitioner and her wife in pursuance of Sections 420, 467, 468, 471, 504, 506 IPC. After lodging of the said FIR, the concerned Investigating Officer started inquiry and during inquiry, he found that for the same offence as mentioned in the said FIR, respondent no.2 had already preferred Complaint Case No.4545 of 2019, under Sections 406, 467, 468, 471, 408 IPC against petitioner and her wife which is still pending before learned A.C.J.M.-II, Meerut, therefore, he preferred final report on dated 03.02.2021. Being aggrieved with the filing of final report in pursuance of Case Crime No.125 of 2020, respondent no.2 approached the higher authorities, whereupon order for further investigation was passed. Again the concerned Investigating Officer investigated the matter and found nothing new evidence and he also filed supplementary final report on dated 06.01.2022 stating therein that for the same offence as mentioned in Case Crime No.125 of 2020, respondent no.2 had already preferred the said complaint case against petitioner and her wife. Being aggrieved with the same, respondent no.2 preferred protest petition before the concerned court whereupon petitioner was summoned vide impugned order dated 03.11.2022. Against the order dated 03.11.2022, petitioner preferred Criminal Revision No.919 of 2022 and the same dismissed by the learned revisional court vide order dated 22.07.2024 which impugned the present petition. 4. Learned counsel for petitioner submitted that petitioner has not committed any fraud and he has been falsely implicated by respondent no.2 in Complaint Case No.4545 of 2019 as well as in Case Crime No.125 of 2020. Learned counsel for petitioner further submitted two criminal cases have been preferred by respondent no.2 against petitioner for similar cause of action which is abuse of process of law. It has also been submitted by learned counsel for petitioner that considering the fact that one complaint case already preferred by respondent no.2 against petitioner is pending, the concerned Investigating Officers submitted final reports two times in Case Crime No.125 of 2020 subsequently lodged by respondent no.2 against petitioner for the same cause of action. Learned counsel for petitioner further contended that both the orders passed by the courts concerned, are against the weight of evidence and as such, the same may be quashed. It has also been apprised by learned counsel for petitioner that petitioner has already been bailed out by the concerned court in Complaint Case No.4545 of 2019 5. Per contra, learned AGA for the State vehemently opposed the prayer sought through the instant petition on the ground that both the impugned orders have been passed after considering the material available on record which are just and proper. 6. By perusal of the records, it appears that both the cases i.e. Misc Application No.1505 of 2022 (Vipin Vs. Kanad Rishi and another), arising out of Case Crime No.125 of 2020 and Complaint Case No.4545 of 2019, preferred by respondent no.2 itself against petitioner, are arising out of same incident and as such, learned A.C.J.M.-II, Meerut is hereby directed to expedite and finalize the proceedings of both cases by way of clubbing together as expeditiously as possible. 7. However, it is made clear that bail already extended in favour of petitioner in Complaint Case No.4545 of 2019, shall be applicable in Misc Application No.1505 of 2022 (Vipin Vs. Kanad Rishi and another), arising out of Case Crime No.125 of 2020 also. 8. The instant petition is hereby disposed of accordingly. Order Date :- 21.1.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad