Raju Balmiki v. State of U.P. Thru. Addl. Chief Secy. Deptt.of Home Lko. and Another
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Court No. 19, interim order dated 18.4.2025 by Hon'ble Saral Srivastava, J. in Application U/S 482 No. 3281 of 2025: applicant Raju Balmiki v. State of U.P. (Addl. Chief Secy., Home Deptt., Lucknow) and another. Counsel (Vivek Kumar Balmeeki, Ved Prakash Sharma) contended with reference to Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh, (2024) 10 SCC 690 that Ss. 406 & 420 IPC cannot be imposed simultaneously; G.A. appeared for respondent No.1. Court response: matter requires consideration; notice to respondent No.2 (ordinary + registered post); counter affidavit within 4 weeks, rejoinder 4 weeks thereafter; operation of CJM Gonda's order dated 11.06.2024 in criminal case No.23968 of 2024 stayed until further orders; next hearing date 08.07.2025.
What did the court decide?
Interim relief only: operation of the order dated 11.06.2024 of the Chief Judicial Magistrate, Gonda in criminal case No.23968 of 2024 stayed until further orders; notice to respondent No.2 by ordinary and registered post; four-week windows fixed for counter and rejoinder affidavits; case listed for 08.07.2025. No merits adjudication made.