Virendra Tiwari @ Virendra Kumar and Another vs State of U.P. Thru. Prin. Secy. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Virendra Tiwari @ Virendra Kumar and Another vs State of U.P. Thru. Prin. Secy. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection only: no coercive action against the applicants in Criminal Case No. 57/2025 till the next date of listing; notice to respondent no. 2 both ways; matter listed in the week commencing 05.05.2025. The quashing application itself remains pending consideration.

Issue for consideration

Whether the entire proceedings in Criminal Case No. 57/2025 pending in the Court of Special Judge SCST Act, Ambedkarnagar — initiated in consequence of the cognizance and summoning order dated 16-01-2025 passed on Chargesheet No. 78/2024 under Sections 323, 504, 506 IPC and 3(1)(r), 3(1)(s) SCST Act, together with the consequential order dated 20-02-2025 — should be quashed so as to prevent abuse of the process of law and secure the ends of justice.

Court's answer

As an interim measure till the next date of listing, no coercive action shall be taken against the applicants in Criminal Case No. 57/2025 pending in the Court of Special Judge SC/ST Act, Ambedkar Nagar.

Ratio / Principle

The court directed that notice be issued to respondent no. 2 both ways; granted the applicants' counsel three days' time for taking steps; instructed the Office to provide a copy of the dasti notice; required an affidavit of service by the next date of listing; and listed the matter in the week commencing 05.05.2025 amongst top ten cases, the matter having been found to require consideration.

Detailed headnote1 paragraphs

Application under S. 482 Cr.P.C./S. 528 B.N.S.S. by Virendra Tiwari @ Virendra Kumar and another seeking quashing of the entire proceedings in Criminal Case No. 57/2025 (Court of Special Judge SCST Act, Ambedkarnagar), initiated in consequence of the cognizance and summoning order dated 16-01-2025 passed on impugned Chargesheet No. 78/2024 dated 24-05-2024 under Sections 323, 504, 506 IPC and 3(1)(r), 3(1)(s) SCST Act (Case Crime No. 70/2024, P.S.- Katka, District- Ambedkarnagar), together with the consequential order dated 20-02-2025. FIR dated 09.04.2024 was lodged by respondent no. 2; co-accused Shri Pawan Tiwari's name was dropped at the charge-sheet stage. Applicants argued the FIR arose from a family dispute, that FIR contents and statements of alleged injured persons do not corroborate the medical examination/injury report, and that the complainant admitted misguidance in an affidavit accompanying his 29.04.2024 application to the Superintendent of Police. The learned AGA (Ms. Tanvi Jain) opposed but was unable to dispute these submissions. Finding the matter requires consideration, Manish Kumar, J. (Allahabad High Court, Lucknow Bench, Court No. 14) issued notice to respondent no. 2 both ways, granted three days for taking steps, directed supply of dasti notice copy and affidavit of service, listed the case in the week commencing 05.05.2025 amongst top ten, and ordered that till the next date of listing no coercive action shall be taken against the applicants in Criminal Case No. 57/2025. Order dated 17.4.2025.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3269 of 2025

Applicant :- Virendra Tiwari @ Virendra Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Girish Kumar Pandey,Chandra Chood Pandey,Tripuresh Mishra Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicant and Ms. Tanvi Jain, learned AGA appearing for the State.

Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:-

"The above named applicants most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of the Criminal Case No. 57/2025 pending in the Court of Special Judge SCST Act, Ambedkarnagar initiated in consequence of cognizance and summoning order dated 16-012025 passed on impugned Chargesheet No. 78/2024 dated 2405-2024 under Sections 323, 504, 506 IPC and 3(1)(r), 3(1)(s) SCST Act in Case Crime No. 70/2024 under Sections 323, 504, 506 IPC, Police Station- Katka, District- Ambedkarnagar and consequential order dated 20-02-2025 prevent the abuse of process of law, in order to secure the end of justice"

The brief facts of the present case are that an FIR dated 09.04.2024 has been lodged by the respondent no. 2 under Section 323, 504, 506 IPC Police Station Katka, District Ambedkar Nagar against the applicants and one Shri Pawan Tiwari whose name has been dropped at the time of filing of charge sheet alleging therein that the applicants without any cause had started beating and hurling abuses with a threat to life. The Police after recording the statements of injured persons under Sections 161 and 164 Cr.P.C., has filed the charge sheet under Section 323, 504, 506 IPC and 3(1) (r), 3(1)(s) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as, the Act, 1989) and in pursuance thereof, the cognizance has been taken and summons have been issued against the applicants. Feeling aggrieved by the same, the present application has been filed.

Learned Counsel for the applicants has submitted that due to some family dispute between the parties, a false FIR was

lodged against the applicants as the contents of the FIR and the statement given by the alleged injured persons do not corroborate with the medical examination/injury report.

It is further submitted that the complainant has also moved an application before the Superintendent of Police on 29.04.2024 alongwith an affidavit that due to some misguidance of local people, the FIR has been lodged, hence, there is no offence, as alleged in the FIR.

On the other hand, learned A.G.A. has opposed the case but unable to dispute the submissions put forth by learned counsel for the applicants.

Instant matter requires consideration.

Issue notice to the respondent no. 2 both ways.

Learned counsel for the applicants prays for and is granted three days' time for taking steps.

Office is directed to provide copy of dasti notice to learned counsel for the applicants for the purpose of service upon respondent no. 2.

List this case in the week commencing 05.05.2025 amongst top ten cases.

By the next date of listing, the learned counsel for the applicants shall file affidavit of service before this Court.

Till the next date of listing, no coercive action shall be taken against the applicants in Criminal Case No. 57/2025 pending in the Court of Special Judge SC/ST Act, Ambedkar Nagar.

Order Date :- 17.4.2025 Ashish

Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench