Gyanendra Kumar Jha v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC6 Oct 2025A482/11274/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed to quash criminal proceedings and chargesheet. The court issued notice to the opposite party and stayed the criminal proceedings arising from Case Crime No.359 of 2021 pending further orders, while allowing the proceedings from Case Crime No.200 of 2021 to continue.

What did the court decide?

Criminal proceedings arising out of Case Crime No. 359 of 2021 stayed till next date. Notice issued.

Gyanendra Kumar Jha vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

APPLICATION U/S 482 No. - 11274 of 2024

Gyanendra Kumar Jha

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s)

¶7

Counsel for Applicant(s) : Arun Kumar Mishra Counsel for Opposite Party(s) : G.A.

¶8

Court No. - 14

¶9

HON'BLE SHREE PRAKASH SINGH, J.

¶10

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶11

Instant application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No.7018 of 2023; State Versus Gyanendra Kumar Jha, arising out of Case Crime No.359 of 2021; under sections-498-A, 323, 504, 506 I.P.C., relating to the Police Station- Bhinga, District- Shrawasti, pending in the Court of learned Civil Judge (Junior Division)/Fast Track Court Shrawasti, as well as impugned chargesheet no.A-350/2022 dated 23.9.2022, submitted by the Investigating Officer against the petitioner, under sections- 498-A, 323, 504, 506 I.P.C., in aforesaid Case Crime No.359 of 2021 and impugned cognizance/summoning order dated 8.9.2023, passed by learned Civil Judge (Junior Division)/Fast Track Court, Shrawasti.

¶12

It is submitted by the learned counsel for the applicant that the applicant is husband and he was never involved in committing any offence. He submits that because of some sour relationship in between the husband and wife, an F.I.R. was lodged bearing F.I.R. No. 200 of 2021, under sections 498-A,323,504,506 of I.P.C. and section 3/4 of the Dowry Prohibition Act, wherein the Investigating Officer without collecting any cogent evidence, filed the chargesheet

¶13

A482 No. 11274 of 2024

¶14

¶15

and the matter is pending consideration. He submitted that showing the incident of the next date i.e. on 19-07-2021, an application was moved, while alleging that the present applicant, who is husband alongwith two other persons, have committed rape upon the prosecutrix and thereafter, learned trial court directed for registering the first information report and the investigation proceeded,whereafter, the chargesheet was filed under sections 498A,323,504,506 of I.P.C. and no evidence regarding the committal of rape was found by the Investigating Officer. He submitted that again the chargesheet has been filed for the same charges and thus, the prosecution exceeded in its act.

¶16

He argued that the applicant is suffering for his no fault so far as the subsequent F.I.R. bearing no. 359 of 2021 is concerned and submitted that the subsequent criminal proceeding is hit by the doctrine of double jeopardy as is enshrined under Article 22 of the Constitution of India.

¶17

He next added that infact due to anonymity, the subsequent first information report is lodged and half of the allegations were found false and therefore, the whole story of the prosecution concocted by the alleged prosecutrix is questionable. Therefore, submission is that the criminal proceedings arising out of Case Crime No. 359 of 2021, against the applicant, may be quashed.

¶18

Learned A.G.A. appearing for the State has opposed the contentions aforesaid.

¶19

Matter requires consideration.

¶20

Let notice be issued to opposite party no. 2 returnable at an early date.

¶21

Steps be taken within a week.

¶22

If the steps are taken, the office shall proceed accordingly.

¶23

List/put up this matter in the week commencing 17-11-2025.

¶24

A482 No. 11274 of 2024

¶25

¶26

In the meantime, the opposite parties may file their Counter Affidavits.

¶27

Till the next date of listing, the criminal proceedings arising out of Case Crime No. 359 of 2021, under sections 498-A,323,504,506 of I.P.C., Police Station-Bhinga, District-Shrawasti, shall remain stayed, so far as the present applicant is concerned.

¶28

It is clarified that so far as the criminal proceedings arising out of Case Crime No. 200 of 2021, is concerned, the same shall go on and would have no effect or any bearing thereof, regarding the present matter.

¶29

(Shree Prakash Singh,J.)

¶30

October 6, 2025 AKS

¶31

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Gyanendra Kumar Jha v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

Gyanendra Kumar Jha v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rohit Pratap Singh vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Shiv Kumar Yadav vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Vijay Shankar Awasthi vs State of U.P. Thru. Prin. Secy. Home Govt. Lko. and 4 Others

Ajay Pratap Yadav Alias Sonu Yadav vs State of U.P. Thru. Addl. Chief Secy. Govt. of U.P. Lko. and 3 Others

Rajesh Kumar and Others vs Union of India Thru. the Secy. Ministry of Human Resource Development New Delhi and 7 Others

Surendra Narayan Singh Vs State of U.P. Thru. Prin. Secy. Irrigation and Water Resources, Lko. and Others