Sushma Rawat vs State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Sushma Rawat vs State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: notice ordered to opposite party No. 2 (steps within seven working days) and the proceedings in issue stayed qua the applicant till the next date of listing, subject to timely completion of service steps failing which the interim protection lapses; the prayer to quash the chargesheet/proceedings and set aside the summoning order remains open for consideration. Application to be listed after service alongwith report.

Issue for consideration

Whether the entire criminal proceeding/chargesheet arising out of Crime No. 982 of 2021 (Under Sections 498-A, 323, 504, 506 IPC & 3/4 DP Act, Police Station Gomtinagar, District Lucknow) should be quashed and the summoning order dated 03/04/2023 passed by the Ld. CJM Lucknow set aside qua the applicant. +1 more

Court's answer

Till the next date of listing, the proceedings in issue shall remain stayed qua the applicant (interim protection).

Ratio / Principle

Taking note of the allegations in the FIR against the applicant (sister-in-law/nanad of the informant) and the law laid down by the Hon'ble Apex Court in Geeta Mehrotra, Kahkashan Kausar, Achin Gupta, Payal Sharma, Safiya Bano and Mamidi Anil Kumar Reddy, this Court is of the view that the matter requires consideration.

Key takeaways

Notice is ordered to be issued to the opposite party No. 2, with steps for service to be taken within seven working days.ratio¶7
If the steps for service of notice are not taken within the specified time, the benefit of interim protection would not be available to the applicant.ratio¶10

Detailed headnote1 paragraphs

Interim order — Application U/S 482 No. 2086 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Saurabh Lavania, J.), Order Date 6.3.2025: Sushma Rawat v. State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another. The applicant, stated to be sister-in-law (nanad) of the informant/opposite party No. 2, prays for quashing of the entire criminal proceeding/chargesheet arising out of Crime No. 982 of 2021 (Under Sections 498-A, 323, 504, 506 IPC & 3/4 DP Act, Police Station Gomtinagar, District Lucknow) and setting aside of the summoning order dated 03/04/2023 passed by the Ld. CJM Lucknow. Taking note of the FIR allegations against the applicant and the law laid down by the Hon'ble Apex Court in Geeta Mehrotra ((2012) 10 SCC 741), Kahkashan Kausar ((2022) 6 SCC 599), Achin Gupta (2024 SCC OnLine SC 759), Payal Sharma (2024 SCC OnLine SC 3473), Safiya Bano Alias Shakira (2024 SCC OnLine SC 222) and Mamidi Anil Kumar Reddy (2024 SCC OnLine SC 127), the Court held the matter requires consideration, ordered notice to opposite party No. 2 with steps to be taken within seven working days, and stayed the proceedings qua the applicant till the next date of listing; failure to take timely steps would result in loss of the interim protection. Final decision on the quashing prayer deferred; interim order only.

Court No. - 12 Case :- APPLICATION U/S 482 No. - 2086 of 2025 Applicant :- Sushma Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And Another Counsel for Applicant :- Syed Waqar Husain,Salman Abbas Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

The present application has been filed by the applicant for the following main relief(s):-

"to quash the entire criminal proceeding/chargesheet arising out of Crime No.982 of 2021, Under Sections 498-A,323,504,506 IPC & 3/4 DP Act Police Station Gomtinagar, District Lucknow and set aside summoning order dated 03/04/2023 passed by Ld. CJM Lucknow in Crime No.982 of 2021, Under Sections 498-A,323,504,506 IPC & 3/4 DP Act, Police Station Gomtinagar, District Lucknow, District Lucknow, and or to pass such other and further order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case which is contained in as Annexure No-1."

Taking note of the allegations leveled in the FIR against the applicant, who is sister-in-law ( nanad ) of the informant/opposite party No. 2 and also the law laid down by the Hon'ble Apex Court in the case of Geeta Mehrotra and others vs. State of U.P. and others, (2012) 10 SCC 741; Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599; Achin Gupta vs. State of Haryana and another, 2024 SCC OnLine SC 759; Payal Sharma Vs. State of Punjab and another, 2024 SCC OnLine SC 3473; Safiya Bano Alias Shakira and others Vs. State of U.P. and others, 2024 SCC OnLine SC 222 and Mamidi Anil Kumar Reddy Vs. State of Andhra Pradesh and another, 2024 SCC OnLine SC 127 , this Court is of the view that the matter requires consideration.

Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

List/put up this application after service alongwith report in this regard.

Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicant.

In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicant.

Order Date :- 6.3.2025 Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench