Disposed¶14

Smt Shakila and 3 Others v. State of U.P. and Another

Allahabad HC21 Apr 2025A482/26713/2024

Case brief

AI extract

What is this about?

Section 482 CrPC Allahabad High Court interim order no coercive measures applicants Shakila; quashing summoning order 01.01.2024 ACJM (Second) Amroha Complaint Case No. 628 of 2023 Mohd. Asharaf Vs. Jarif; Sections 323 504 506 IPC P.S. Naugawa Sadat; notice to opposite party No. 2 counter affidavit two weeks rejoinder one week; list after eight weeks; counsel Kamla Singh, Singh Vijay Shanker; G.A. for State; decided September 11, 2025 by Nand Prabha Shukla, J.

What did the court decide?

Interim protection pending consideration: no coercive measures to be taken against the applicants in Complaint Case No. 628 of 2023; notice to opposite party No. 2 with counter affidavit within two weeks and rejoinder affidavit within one week thereafter; matter to be listed after eight weeks in the daily cause list. ¶14

Smt Shakila and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned summoning order dated 01.01.2024 passed by the Additional Chief Judicial Magistrate (Second), District-Amroha, in Complaint Case No. 628 of 2023 (Mohd. Asharaf Vs. Jarif and other), summoning the applicants under Sections 323, 504, 506 IPC, should be quashed. +1 more

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Court's answer

The court found that the matter requires consideration and accordingly deferred adjudication of the prayer to quash the summoning order; the quashing question remained undecided at this stage.

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Ratio / Principle

Interim direction that, in the meantime (while the Section 482 application remains pending), no coercive measures shall be taken against the applicants in Complaint Case No. 628 of 2023, Mohd. Asharaf Vs. Jarif and other.

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Key takeaways

Procedural directions issued: notice to opposite party No. 2 returnable at an early date; opposite party No. 2 may file counter affidavit within two weeks and rejoinder affidavit within one week thereafter; matter to be listed after eight weeks in the daily cause list.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), interim order dated September 11, 2025 in Application U/S 482 No. 26713 of 2024 by Smt Shakila and 3 others seeking quashing of the summoning order dated 01.01.2024 passed by the Additional Chief Judicial Magistrate (Second), District-Amroha, in Complaint Case No. 628 of 2023, Mohd. Asharaf Vs. Jarif and other, whereby the applicants stand summoned under Sections 323, 504, 506 IPC, P.S. Naugawa Sadat: counsel contended false implication on concocted stories and absence of any injury report; the court found the matter requiring consideration, issued notice to opposite party No. 2 (counter affidavit within two weeks, rejoinder within one week thereafter), directed listing after eight weeks, and ordered that in the meantime no coercive measures shall be taken against the applicants. The quashing prayer itself was left open.

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 26713 of 2024

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Smt Shakila And 3 Others

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	.....Ap	plicant(s)
Versus
State of U.P. and Another	.....	Opposite Party(s)
Counsel for Applicant(s) : Kamla Singh, Singh	Vijay	Shanker
Counsel for Opposite Party(s) : G.A.
Court No.- 78

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HON'BLE NAND PRABHA SHUKLA, J.

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

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The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 01.01.2024, passed by the Additional Chief Judicial Magistrate (Second) District-Amroha, in the Complaint Case No. 628 of 2023, Mohd. Asharaf Vs. Jarif and other and summon the applicants under Sections 323, 504, 506 IPC, Police StationNaugawa Sadat, District-Amroha.

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It has been submitted by learned counsel for the applicants that they have been falsely implicated on the basis of false, frivolous and concocted stories. There is no injury report to substantiate the allegations.

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Matter requires consideration.

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Issue notice to opposite party No. 2 returnable at an early date.

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Opposite party No. 2 may file counter affidavit within two weeks. Rejoinder affidavit may be filed within one week thereafter.

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List after eight weeks in the daily cause list.

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A482 No. 26713 of 2024

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In the meantime, no coercive measures shall be taken against the applicants in Complaint Case No. 628 of 2023, Mohd. Asharaf Vs. Jarif and other and summon the applicants under Sections 323, 504, 506 IPC, Police Station-Naugawa Sadat, DistrictAmroha.

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September 11, 2025 Shivani

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(Nand Prabha Shukla,J.)

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Smt Shakila and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt Shakila and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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