Irfan Ali vs State of U. P. - 2024 Supreme(All) 511

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 511

JYOTSNA SHARMA
Irfan Ali – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Petitioner: Ashish Agrawal
For the Respondent: Anurag Pathak, Swetashwa Agarwal

JUDGMENT :

Jyotsna Sharma, J.

1. Heard Sri Ashish Agrawal, learned counsel for the petitioner, Sri Srijan Pandey, learned Advocate holding brief for Sri Swetashwa Agarwal, learned counsel for the private respondents and Sri R.K. Gupta, learned AGA for the State.

2. This writ petition has been filed by the petitioner-Irfan Ali against opposite party no. 2-Rajeev Gupta and 4 others, challenging the order passed by the Court of Session in Criminal Revision No. 286 of 2012 (Rajeev Gupta Vs. Irfan Ali and others), whereby an order passed by the Court of Additional City Magistrate dated 29.08.2012 passed under sections 145 and 146 Cr.P.C. was set-aside.

3. The submissions of the petitioner are as below:-

The opposite party no. 2-Rajeev Gupta filed an application before the Executive Magistrate which gave rise to a proceeding under sections 145/146 Cr.P.C. with regard to plot no. A-13, Gandhi Nagar, Moradabad and the learned Court of Additional City Magistrate, after hearing both the sides and perusal of papers on record, dropped the proceedings and released the plot in favour of the petitioner-Irfan Ali. However, the order rightly passed by the Additional City Magistrate was set-aside by the