Aalam @ Aalam Khan vs State of U.P. Though It Principal Secretary (Home)Lucknow and Another — Allahabad HC (2025) — LawSathi Research

Aalam @ Aalam Khan vs State of U.P. Though It Principal Secretary (Home)Lucknow and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: notice issued to respondent no. 2 through the C.J.M. concerned; learned A.G.A. and respondent no. 2 to file counter affidavits within three weeks; rejoinder affidavit within one week thereafter; case listed after eight weeks; and, until further orders, further proceedings of Case No. 3409 of 2022 stayed against the applicant. No final determination on the quashing prayer.

Issue for consideration

Whether the entire proceedings of Case No. 3409 of 2022 (State of U.P. vs. Aalam), arising out of Case Crime No. 610 of 2022 under Sections 504, 506 IPC, P.S. Deoband, District Saharanpur, and the cognizance/summoning order dated 16.12.2022 passed by the Additional Chief Judicial Magistrate, Saharanpur, should be quashed under Section 482 Cr.P.C.

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Until further orders, further proceedings of the aforesaid case (Case No. 3409 of 2022, State of U.P. vs. Aalam) shall remain stayed against the applicant.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.), order dated 6.5.2025 in Application U/S 482 No. 3021 of 2025, Aalam @ Aalam Khan v. State of U.P. and another. The applicant sought quashing of the entire proceedings of Case No. 3409 of 2022 (State of U.P. vs. Aalam), arising out of Case Crime No. 610 of 2022 under Sections 504, 506 IPC, P.S. Deoband, District Saharanpur, together with the cognizance/summoning order dated 16.12.2022 of the Additional Chief Judicial Magistrate, Saharanpur. Counsel for the applicant submitted that the FIR dated 19.05.2022 was false and frivolous, lodged with ulterior motive only to harass the applicant, and was a counterblast to a complaint of marpeet by the first informant; that a cross FIR dated 08.02.2023 under Sections 147, 148, 149, 323, 392, 504 IPC had been lodged in pursuance of the applicant's complaint; and that no other serious criminal case was pending between the parties. Holding that prima facie the matter requires consideration, the Court issued notice to respondent no. 2 through the C.J.M. concerned, accepted notice on behalf of respondent no. 1 through the learned A.G.A., directed counter affidavits within three weeks and rejoinder within one week, listed the case after eight weeks, and ordered that until further orders further proceedings of the said case shall remain stayed against the applicant. Interim order; merits left open.

e-file

Court No. - 72

Case :- APPLICATION U/S 482 No. - 3021 of 2025

Applicant :- Aalam @ Aalam Khan Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow And Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Atul Kumar learned counsel for the applicant and Sri Ashwani Kumar Rai, learned A.G.A. for the State are present.

The present application u/s 482 Cr.P.C.has been filed with prayer to quash the entire proceedings of Case No. 3409 of 2022 (State of U.P. vs. Aalam), arising out of Case Crime No. 610 of 2022, under Sections 504, 506 IPC, P.S. Deoband, District Saharanpur as well as cognizance/summoning order dated 16.12.2022, pending in the Court of Additional Chief Judicial Magistrate, Saharanpur.

Learned counsel for the applicant submitted that impugned First Information Report dated 19.05.2022 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that the impugned FIR has been lodged as a counterblast case of complaint of committing marpeet by the first informant. It is further submitted the FIR dated 08.02.2023 has been lodged in pursuance of complaint, under Sections 147, 148, 149, 323, 392, 504 IPC. It is further submitted that no other criminal case of serious offence is pending between the parties.

Prima facie , matter requires consideration.

Notice on behalf of respondent no. 1 has been accepted by learned A.G.A.

Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date.

Learned A.G.A. as well as respondent no. 2 may file their counter affidavits within three weeks.

Rejoinder affidavit may thereafter be filed within one week.

List this case after eight weeks.

Until further orders, further proceedings of aforesaid case shall remain stayed against the applicant.

Order Date :- 6.5.2025 MAA/-

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad