Raja Chaube @ Raj Chaube Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Raja Chaube @ Raj Chaube Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing and setting aside of the entire proceedings arising out of Case Crime No.158 of 2024 — including the charge-sheet dated 04.08.2024 and the cognizance/summoning order dated 05.11.2024 passed by the Chief Judicial Magistrate, Sonbhadra — in respect of applicant Raja Chaube @ Raj Chaube, on parity with judgment and order dated 22.07.2025 (Ajay Kesari); without prejudice to re-initiation of proceedings by the concerned authorities in future if required, in accordance with law.

Issue for consideration

Whether the entire proceedings of Criminal Case No.13242 of 2024 (State vs. Chetan Pal and Others), arising out of Case Crime No.158 of 2024 and including the charge-sheet dated 04.08.2024 and the cognizance/summoning order dated 05.11.2024, should be quashed in respect of applicant Raja Chaube @ Raj Chaube. +1 more

Court's answer

The entire proceeding arising out of Case Crime no.158 of 2024, which culminated in the charge sheet dated 04.08.2024 and the summoning order dated 05.11.2024, is hereby quashed and set aside in respect of applicant Raja Chaube @ Raj Chaube, in the light of judgment and order dated 22.07.2025 in Ajay Kesari (supra).

Ratio / Principle

Parity of judgment and order dated 22.07.2025 (passed for co-accused Ajay Kesari) is applicable in favour of the applicant.

Key takeaways

The quashing order will not preclude the concerned authorities from re-initiating the proceedings against the applicant in future, if required, in accordance with law.ratio¶15

Detailed headnote1 paragraphs

Criminal proceedings — quashing on parity with judgment in identical matter. Applicant Raja Chaube @ Raj Chaube sought quashing of the entire proceedings of Criminal Case No.13242 of 2024 (State vs. Chetan Pal and Others) under sections 379, 411, 420, 467, 468, 471, 120B I.P.C. and section 3 of the Prevention of Damage to Public Property Act, 1984, arising out of Case Crime No.158 of 2024, P.S. Robertsganj, District- Sonbhadra, including the charge-sheet dated 04.08.2024 and the cognizance/summoning order dated 05.11.2024 passed by the Chief Judicial Magistrate, Sonbhadra. Co-accused Ajay Kesari @ Krishna Kesari had already obtained quashing of the same proceedings by judgment and order dated 22.07.2025 passed in Application u/s 528 BNSS no.19731 of 2025, which the learned AGA did not dispute. Held: parity of judgment and order dated 22.07.2025 is applicable in favour of the applicant; the entire proceeding, including the charge sheet dated 04.08.2024 and the summoning order dated 05.11.2024, is hereby quashed and set aside in respect of the applicant, however without prejudice to re-initiation of proceedings by the concerned authorities in future, if required, in accordance with law. Application u/s 482 Cr.P.C. allowed. — (Saurabh Srivastava, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 41526 of 2024

Raja Chaube @ Raj Chaube

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Anurodh Tripathi, Pulak Ganguly : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicant and learned A.G.A. for State.

The instant application has been preferred for quashing the entire proceedings of Criminal Case No.13242 of 2024 (State vs. Chetan Pal and Others) under sections 379, 411, 420, 467, 468, 471, 120B I.P.C. and section 3 of The Prevention of Damage to Public Property Act, 1984 arising out of Case Crime No.158 of 2024, P.S. Robertsganj, District- Sonbhadra including charge-sheet dated 04.08.2024 and cognizance/summoning order dated 05.11.2024 passed by learned Chief Judicial Magistrate, Sonbhadra.

At the very outset, learned counsel for applicant submitted that in identical matter, co-accused, Ajay Kesari @ Krishna Kesari, preferred Application u/s 528 BNSS no.19731 of 2025 (Ajay Kesari @ Krishna Kesari vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 22.07.2025, which is available in the records, has been passed by this Court, whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant, who is also implicated in same Case Crime no.158 of 2024 and similar argument has been raised by learned counsel for applicant for challenging the said proceedings.

Although, learned AGA opposed the prayer sought through instant application but did not dispute the fact in respect of judgment and order dated 22.07.2025.

A482 No. 41526 of 2024

2

In view of foregoing discussion, parity of judgment and order dated 22.07.2025 is applicable in favour of applicant and as such entire proceeding arising out of Case Crime no.158 of 2024, which culminated into preferring the charge sheet on dated 04.08.2024, thereafter order passed by learned concerned court by way of passing summoning order on dated 05.11.2024 is hereby quashed and set aside in respect of applicant namely Raja Chaube @ Raj Chaube, in the light of judgment and order dated 22.07.2025 passed in case of Ajay Kesari (supra) .

However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required in future, in accordance with law.

The instant application u/s 482 Cr.P.C. stands allowed accordingly.

August 23, 2025 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad