Shiba Prasad Kar vs State of U.P. Thru. Secy. Deptt. of Home and Another — Allahabad HC (2025) — LawSathi Research

Shiba Prasad Kar vs State of U.P. Thru. Secy. Deptt. of Home and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: benefit of the interim order dated 20.1.2025 (passed in co-accused's 482 Cr.P.C. Application No. 211 of 2025) extended to the applicant on parity; notice issued to opposite party no. 2, returnable at an early date, steps within a week; application connected with Applications under Section 482 Cr.P.C. Nos. 211 of 2025, 2947 of 2021 and 2948 of 2021; proceedings stayed qua the applicant till the next date of listing. Final quashing prayers left open for later hearing.

Issue for consideration

Whether the applicant, against whom allegations in the FIR are almost identical to those against co-accused Shyam Kumar Dubey, is entitled to parity and to the benefit of the interim order dated 20.1.2025 passed by this Court in the co-accused's Application under Section 482 Cr.P.C. No. 211 of 2025.

Court's answer

On parity, the applicant is entitled to the benefit of the interim order dated 20.1.2025 passed by this Court in co-accused Shyam Kumar Dubey's Application under Section 482 Cr.P.C. No. 211 of 2025, as the allegations against the applicant and the co-accused are almost identical in the FIR and learned AGA was unable to dispute the parity claimed.

Ratio / Principle

Till the next date of listing, the proceedings under challenge (charge sheet/cognizance proceedings in Case No. 98378 of 2024) shall remain stayed qua the applicant.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Manish Kumar, J.), interim order dated 2.4.2025 in Application u/s 528 BNSS No. 226 of 2025 (Shiba Prasad Kar v. State of U.P. & Anr.). Applicant sought quashing of Charge Sheet No. 1 dated 6.1.2024 (Crime No. 0526 of 2023, u/s 306 IPC, P.S. PGI, Lucknow) and of the Cognizance Order dated 26.9.2024 passed by CJM, Lucknow in Case No. 98378 of 2024 (State v. Shyam Kumar Dubey & Anr.), insofar as relating to him. Allegations against the applicant and co-accused Shyam Kumar Dubey being almost identical in the FIR, and the co-accused having obtained an interim order dated 20.1.2025 in his Application under Section 482 Cr.P.C. No. 211 of 2025, learned AGA was unable to dispute the parity claimed. Held: the applicant is entitled to the benefit of that interim order; notice issued to opposite party no. 2 (steps within a week); application connected with 482 Cr.P.C. Applications Nos. 211 of 2025, 2947 of 2021 and 2948 of 2021; proceedings stayed qua the applicant till the next date of listing.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 226 of 2025

Applicant :- Shiba Prasad Kar Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home And Another Counsel for Applicant :- Chandra Shekhar Sinha,Akshat Sinha,Gaurav Verma Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the record.

This application under Section 528 BNSS has been filed with the following main reliefs:

"(i) to quash the impugned Charge Sheet No. 1 dated 6.1.2024 Crime No. 0526 of 2023 U/s 306 I.P.C. P.S. PGI, Lucknow pending before the Court of CJM, Lucknow in Case No. 98378 of 2024 viz. State vs Shyam Kumar Dubey & another as far as it relates to the petitioner contained hereinabove in Annexure No. 1 to this petition.

(ii) to quash the entire proceedings of the impugned Cognizance Order dated 26.9.2024 passed by the Court of CJM, Lucknow Case No. 98378 of 2024 viz. State vs Shyam Kumar Dubey & another and all consequential orders as far as it relates to the petitioner."

Learned counsel for the applicant submits that an FIR under Section 306 IPC has been lodged by the complainant after the demise of her husband against the applicant and co-accused Shyam Kumar Dubey. The police after investigation filed charge sheet under Section 306 IPC against the applicant and the said co-accused Shyam Kumar Dubey. He further submits that co-accused Shaym Kumar Dubey has approached this Court by filing an Application under Section 482 Cr.P.C. No. 211 of 2025 (Shyam Kumar Dubey Vs. State of U.P. and another) in which this Court has passed an interim order on 20.1.2025, copy of which has been provided today during the course of argument. He also submits that the allegations against the applicant and co-accused Shyam Kumar Dubey are almost identical in the FIR, hence, the applicant is also entitled for the parity of the interim order dated 20.1.2025 passed by this Court in the case of Shyam Kumar Dubey (supra).

Learned AGA has opposed the application but unable to dispute the parity claimed by the learned counsel for the applicant.

In view of above, applicant is also entitled for the benefit

of aforesaid interim order dated 20.1.2025.

Issue notice to the opposite party no. 2 returnable at an early date. Steps to be taken within a week.

Connect this application with Application under Section 482 Cr.P.C. No. 211 of 2025, Application under Section 482 Cr.P.C. No. 2947 of 2021 and Application under Section 482 Cr.P.C. No. 2948 of 2021 and list on the date fixed in the leading application.

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

Order Date :- 2.4.2025 AKK

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench