Dismissed¶16

Mohd. Furkan and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC9 Oct 2025A482/4212/2025

Case brief

AI extract

What is this about?

Keywords: Section 482 quashing application dismissed; charge sheet no.01/2024 dated 08.02.2024; summoning order dated 26.02.2024; Criminal Case No.18588/2024; FIR/Case Crime No.246/2023; P.S. Chowk, Lucknow; IPC 143, 147, 148, 308, 323, 354, 354 kha, 504, 506 (427 removed); alleged assault on woman advocate-complainant; head injury; medico legal report; lacerated wound; real estate business dispute; Civil Suit No.1326 of 2023 (Mohd. Furkan vs. Ashok Kumar Kashyap); alleged pressure tactic; no interference required; expeditious trial direction; Rajeev Singh, J.; decided October 9, 2025.

What did the court decide?

None — the prayer to quash the charge sheet and summoning order was refused; the trial court was directed to conclude the trial expeditiously without unnecessary adjournments. ¶16

Mohd. Furkan and 3 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 4212 of 2025

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Mohd. Furkan And 3 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Amjad Siddiqui Counsel for Opposite Party(s) : G.A., Farhan Alam Osmany

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Heard learned counsel for the applicants and learned A.G.A.

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Present petition has been filed with the prayer to quash the charge sheet no.01/2024 dated 08.02.2024 filed in criminal case no.18588/2024, FIR / Case Crime No.246/2023 (State vs. Mohd. Rizwan Khan and Others) under sections 143, 147, 148, 308, 323, 354, 354 kha, 504, 506 IPC (after removing Section 427 IPC) P.S. Chowk, Lucknow pending before the Additional Chief Judicial Magistrate 6th, Court No.30, Lucknow, as well as to quash the summoning order dated 26.02.2024 passed by the learned Court of Additional Chief Judicial Magistrate 6th Court No.30, Lucknow in Criminal Case No.18588/2024, FIR/ Case Crime No.246/2023 (State vs. Mohd. Rizwan Khan and Others) under sections 143, 147, 148, 308, 323, 354, 354 kha, 427, 504, 506 IPC, police station - Chowk, Lucknow along with the entire criminal proceedings, during the pendency of the present application.

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Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. He further submitted that a civil suit no.1326 of 2023 [Mohd. Furkan vs. Ashok Kumar Kashyap and Others] is going on in the Court of Civil Judge (Senior Division), Lucknow. As the private respondent was appearing as a counsel for Ashok Kumar Kashyap and others. As the petitioners were assaulted by the private respondent and her associates but being a lawyer private respondent misused her position and lodged FIR of the case in question. At the time of said incident the

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A482 No. 4212 of 2025

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petitioner no.4 was a young boy aged about 18 years. Petitioners do not have any criminal antecedents. As the prosecution in question is initiated with the collusion of Ashok Kumar Kashyap, only with the intention to make pressure in Regular Suit No.1326 of 2023 (supra), therefore, kind indulgence of this Court is necessary.

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Learned A.G.A. as well as learned counsel for the complainant vehemently opposed the prayer of the applicants and submitted that petitioners are actively involved in the real estate business and in the aforesaid suit Ashok Kumar Kashyap was being represented by the complainant. As the petitioners were trying to restrain the complainant from pursuing the case of Ashok Kumar Kashyap and Others but she refused then they assaulted, as a result she received head injury and thereafter the FIR of the case in question was lodged and after investigation the Investigating Officer considering the contents of the medico legal report as well as statement of injured submitted charge sheet, therefore, petition is liable to be dismissed.

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Considering the submissions of learned counsel for the parties and going through the contents of the petition as well as other relevant documents including medico legal report as well as statement of complainant/ injured as aforesaid documents reveals that one lacerated wound is found on the head of respondent no.2 and other injuries are also found near the right eye and also on other part of the body, in such circumstances this Court is of the view that no interference is required, accordingly, petition is dismissed. Learned trial court is directed to conclude the trial expeditiously without giving unnecessary adjournment to either of the parties.

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Office is directed to communicate this order to the learned trial court forthwith.

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October 9, 2025 mks

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(Rajeev Singh,J.)

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Furkan and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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Mohd. Furkan and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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