Chandra Pratap Singh and 3 Ohers vs State of U.P. Thru. Prin. Secy. Home and Another — Allahabad HC (2025) — LawSathi Research

Chandra Pratap Singh and 3 Ohers vs State of U.P. Thru. Prin. Secy. Home and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay till the next date of listing of the summoning order dated 16.10.2023, the order dated 30.11.2024 in Criminal Revision No. 11 of 2024, and the entire proceedings of Complaint Case No. 11815 of 2023; notice issued to respondent no.2 returnable at an early date with steps within a week; matter to be listed after four weeks; counter affidavit may be filed by the learned AGA. Final merits left open.

Issue for consideration

Whether the summoning order dated 16.10.2023, the order dated 30.11.2024 in Criminal Revision No. 11 of 2024, and the entire proceedings of Complaint Case No. 11815 of 2023 ought to be set aside under Section 482 Cr.P.C. +1 more

Court's answer

Till the next date of listing, the summoning order dated 16.10.2023 passed in Case No. 11815 of 2023, the order dated 30.11.2024 passed in Criminal Revision No. 11 of 2024, and the entire proceedings of Complaint Case No. 11815 of 2023 shall remain stayed.

Ratio / Principle

Prima facie, a case for interim relief is made out on the facts and circumstances of the case.

Detailed headnote1 paragraphs

Interim order — Application under Section 482 Cr.P.C. (No. 323 of 2025) by Chandra Pratap Singh and 3 others seeking setting aside of the summoning order dated 16.10.2023 passed by the Civil Judge (Junior Division)/F.T.C. Court, Bahraich in Complaint Case No. 11815 of 2023 (Smt. Sadhna Singh Vs. Ajay Kumar and others), the order dated 30.11.2024 passed by the Additional District Judge/F.T.C. II, Bahraich in Criminal Revision No. 11 of 2024, and the entire complaint proceedings. Applicants pleaded innocence and alleged the complaint to be a counter blast to the FIR dated 15.01.2022 lodged by their brother Santosh Singh against the husband and brothers of respondent no.2, in which a charge-sheet had been filed. Holding that prima facie a case for interim relief was made out, Om Prakash Shukla, J. issued notice to respondent no.2 (steps within a week), directed listing after four weeks, permitted the learned AGA to file a counter affidavit, and stayed the summoning order, the revisional order and the entire complaint proceedings till the next date of listing. Final merits not decided.

Court No. - 30

Case :- APPLICATION U/S 482 No. - 323 of 2025

Applicant :- Chandra Pratap Singh And 3 Ohers Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Hariom Divedi Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash Shukla,J.

1. Heard learned Counsel for the applicants, learned AGA for

the State and perused the material brought on record.

2. The present application under Section 482 Cr.P.C. has been filed for setting aside the summoning order dated 16.10.2023 passed by the Civil Judge (Junior Division)/F.T.C. Court, Bahraich in Case No. 11815 of 2023 : Smt. Sadhna Singh Vs. Ajay Kumar and others, the order dated 30.11.2024 passed by Additional District Judge/F.T.C. II, Bahraich in Criminal Revision No. 11 of 2024 : Ajay Singh and others Vs. Sate and another as well as entire proceedings of Complaint Case No. 11815 of 2023 : Smt. Sadhna Singh Vs. Ajay Kumar and others .

3. It has been argued by the learned counsel for the applicants that applicants are innocent. Respondent no.2 has filed Case No. 11815 of 2023, making false and baseless allegations. He submits that impugned case is a counter blast, as earlier brother of applicants, namely, Santosh Singh had lodged an FIR on 15.01.2022 the husband of respondent no.2, her brothers Vikram Singh and Ghanshyam Singh and one Ankit Singh regarding assaulting the brother of the applicants with lathi and

danda on 14.01.2022. It has further been submitted that after filing charge-sheet in the aforesaid F.I.R., in order to create a defence, impugned case has been lodged as a counter blast of the same incident by respondent no.2, wherein brothers of the respondent no.2, namely, Pradeep Kumar Singh and Ghanshyam Singh, who were the accused in the F.I.R. lodged by the brother of the applicants, were produced as P.W.1 and P.W.2, respectively. He submits that allegations made in the impugned case are highly improbable and unnatural. He submits that the trial Court has not appreciated the aforesaid facts in right perspective while passing the impugned orders.

4. Learned A.G.A. seeks time to file reponse.

5. Considering the facts and circumstances of the case, prima facie, a case for interim relief is made out.

6. Let notice be issued to respondent no.2 returnable at an early date. Steps be taken within a week.

7. List the matter after four weeks.

8. In the meanwhile, counter affidavit may be filed by the learned AGA.

9. Till the next date of listing, summoning order dated 16.10.2023 passed by the Civil Judge (Junior Division)/F.T.C. Court, Bahraich in Case No. 11815 of 2023 : Smt. Sadhna Singh Vs. Ajay Kumar and others, the order dated 30.11.2024

passed by Additional District Judge/F.T.C. II, Bahraich in Criminal Revision No. 11 of 2024 : Ajay Singh and others Vs. Sate and another as well as entire proceedings of Complaint Case No. 11815 of 2023 : Smt. Sadhna Singh Vs. Ajay Kumar and others, shall remain stayed.

(Om Prakash Shukla, J.)

Order Date :- 30.1.2025 Ajit

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