Vatsal Garg vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vatsal Garg vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: notice issued to opposite party no. 2 returnable within four weeks, and further proceedings in Case No. 3217 of 2024 / Case Crime No. 272 of 2024 (Sections 279 IPC) before the Additional Chief Judicial Magistrate, Saharanpur stayed till the next date of listing, i.e., the week commencing 15th December, 2025. The quashing prayer remains undecided.

Issue for consideration

Whether the charge sheet dated 14.07.2024 and summoning order dated 10.10.2024 in Case Crime No. 272 of 2024 (Case No. 3217 of 2024), under Section 279 IPC, issued by the Additional Chief Judicial Magistrate, Saharanpur, are liable to be quashed. +1 more

Court's answer

The court found that the matter requires consideration and directed that notice be issued to the opposite party no. 2, returnable within four weeks; notice for the State was accepted by its counsel, with counter affidavit permitted within four weeks and rejoinder affidavit within two weeks thereafter.

Ratio / Principle

As an interim measure, further proceedings in Case No. 3217 of 2024 / Case Crime No. 272 of 2024, under Sections 279 IPC, pending before the Additional Chief Judicial Magistrate, Saharanpur, shall remain stayed till the next date of listing (week commencing 15th December, 2025). No merits determination was made; the question was left open for consideration.

Detailed headnote1 paragraphs

Criminal law — Quashing — Section 482 Cr.P.C. application — Charge sheet dated 14.07.2024 and summoning order dated 10.10.2024 in Case Crime No. 272 of 2024 (Case No. 3217 of 2024) under Section 279 IPC, Additional Chief Judicial Magistrate, Saharanpur — F.I.R. (incident of 18.05.2024) alleges the applicant's vehicle (No. UK 17 Y-5558) hit the complainant 'with intention to cause death' — Applicant's counsel contended that such an allegation would have warranted invocation of Section 307 IPC, whereas Section 279 IPC carries punishment of up to six months, or fine up to one thousand rupees, or both — Court (Tej Pratap Tiwari, J.) held the matter requires consideration; notice issued to opposite party no. 2 returnable within four weeks; State's notice accepted, counter and rejoinder affidavits permitted — Further proceedings stayed till the next date of listing, week commencing 15th December, 2025 — Interim order only; merits of the quashing prayer left open. Order dated October 15, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 38558 of 2024

Vatsal Garg

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Amit Khanna
Counsel for Opposite Party(s)	: G.A.
Court No.- 82

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Amit Khanna, learned counsel for the applicant, learned AGA for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned charge sheet dated 14.07.2024 and summoning order dated 10.10.2024 in Case Crime No. 272 of 2024 in Case No. 3217 of 2024, under Section 279 I.P.C. issued by the Additional Chief Judicial Magistrate, District Saharanpur.

As per version of F.I.R., on 18.05.2024 at about 7:40 a.m. when the complainant was going to drop his daughter at school by Activa and while coming back to his home, a vehicle driven by the applicant bearing No. UK 17 Y-5558 hit him with intention to cause death. It has further been stated in the F.I.R. that the said vehicle was driven at the time of incident by the applicant and was accompanying with another unknown person.

At this stage, learned counsel for the applicant argued that if the intention was to cause death of the informant then the F.I.R. would have been lodged under Section 307 I.P.C. not under Section 279 I.P.C. As the punishment under Section 279 I.P.C. is up to six months, or with fine which may extend to one thousand rupees, or with both.

Matter requires consideration.

Issue notice to the opposite party no. 2, returnable within four weeks.

Notice on behalf of the State of U.P./Opposite Party No. 1 has been

A482 No. 38558 of 2024

2

accepted by the learned counsel for the State. They may file counter affidavit, if any, within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List in the week commencing 15th December, 2025.

Till the next date of listing, further proceeding of Case No. 3217 of 2024, Case Crime No. 272 of 2024, under Sections 279 I.P.C., District Saharanpur, pending before the Additional Chief Judicial Magistrate, Saharanpur, shall remain stayed.

October 15, 2025 Manoj

(Tej Pratap Tiwari,J.)

Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad