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Kanta Ram vs State Of Up And 8 Others on 9 May, 2025

"(i) Issue writ, order or direction in the nature of mandamus directing the Settlement Officer of Consolidation, Mau/ respondent no.2 to decide the appeal No. 689, computerized case No. 202154155100000802 (Kanta Vs. Surendra and others) under Section 11 (1) of U.P.C.H. Act and to restrain the respondents not to interfere in the peaceful possession of the petitioner and further direct the Settlement Officer of Consolidation/ respondent no.2 not to prepare the bondobast till the disposal of the appeal No. 689, computerized case No. 202154155100000802 (Kanta Vs. Surendra and others).
Allahabad High Court Cites 2 - Cited by 0 - Full Document

Gajendra Kumar And 3 Others vs State Of U.P. And Another on 6 September, 2023

5. Having considered the rival submissions advanced by learned counsel for the applicants as well as learned A.G.A. and perusal of record, it reveals that learned Magistrate, while issuing the process dated 14.11.2022, has appropriately considered the complaint in light of Section 200 and 202 Cr.P.C. He has clearly recorded his satisfaction with respect to the, prima facie, occurrence of offence under Section 323, 452, 504 and 506 I.P.C. Allegations as levelled by respondent no. 2 qua theft and causing miscarriage to the another daughter-in-law of respondent no. 2 has been disbelieved by the court in absence of corroborative evidence. Learned Magistrate has carefully scrutinized the evidence of the complaint and accordingly disbelieved the allegations made by respondent no. 2 and thereafter issued the process vide order dated 14.11.2022. Plea as raised by learned counsel for the applicants with respect to the counterblast with a submission that application under Section 156(3) Cr.P.C. has been filed on 18.08.2021 in counterblast to the case filed on behalf of Rajani vs. Surendra Singh under Section Section 23 of the Hindu Adoption and Maintenance Act, 1956 is concerned, same is not liable to be examined at this stage which is a matter of defence. Innocence of the present applicants, as is being tried to put by the learned counsel for the applicants, is a matter of defence which cannot be adjudicated by the trial court more appropriately after appraising the evidence on record.
Allahabad High Court Cites 28 - Cited by 0 - D Pathak - Full Document
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