Disposed¶14

Avinash Gupta and Another v. State of U.P. and Another

Allahabad HC3 Dec 2025A482/44239/2024

Case brief

AI extract

What is this about?

Allahabad High Court; Application U/S 482 No. 44239 of 2024; Avinash Gupta v. State of U.P.; substitution of heirs of deceased informant/opposite party no. 2 (Devrani); Section 258 CrPC dismissal of summons cases instituted on police report; NCR lodged amid civil dispute and partition suit over disputed land; notice to substituted opposite parties; case listed fresh on 19.12.2025; single judge Praveen Kumar Giri, J.; interim directions, no final decision.

What did the court decide?

Interim directions only: applicants' counsel to substitute the heirs of deceased opposite party no. 2 the same day; Office to issue notice to the substituted opposite parties; case to be put up fresh on 19.12.2025. No final adjudication on merits. ¶14

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the heirs of the deceased opposite party no. 2 (informant) are to be substituted in her place and issued notice in the Section 482 application. +1 more

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Court's answer

Counsel for the applicants was directed to substitute the name of the heirs of opposite party no. 2 during the course of the day, and notice was to be issued to the substituted opposite party in place of opposite party no. 2.

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Ratio / Principle

Office was directed to issue notice to the substituted opposite party in place of opposite party no. 2 (heirs of the deceased informant).

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Key takeaways

Notice was issued to the heirs of opposite party no. 2 by way of substitution application with the stated object that the case not be dismissed by the trial court under Section 258 CrPC, it being a case of trial of summons cases instituted on police report.¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Praveen Kumar Giri, J.), Application U/S 482 No. 44239 of 2024, Avinash Gupta and another v. State of U.P. and another (order dated December 3, 2025) — interim directions only. Noting that opposite party no. 2, the Devrani/informant, had died, and against the background of a civil dispute and a pending partition suit over the disputed land with an NCR stated to have been lodged just to create pressure, the Court directed counsel for the applicants to substitute the heirs of the deceased opposite party no. 2 during the course of the day and directed the Office to issue notice to the substituted opposite parties, the matter being a trial of a summons case instituted on police report with the stated object that it not be dismissed by the trial court under Section 258 CrPC. Case put up fresh on 19.12.2025.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 44239 of 2024

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Avinash Gupta And Another

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.....Applicant(s)

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Versus

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State of U.P. and Another

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Shiv Kumar Mishra
Counsel for Opposite Party(s)	: G.A.
Court No.- 82

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Learned counsel for the applicants submits that there is a civil dispute between the parties and the NCR has been lodged just to create pressure. Regarding the disputed land, a partition suit has been filed. The applicant is the son of the Jethani while opposite party no. 2 is Devrani.

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The counsel for the applicants submits that the Devrani has died. At present the opposite party no. 2 is no more. Therefore, notice is issued to the heirs of opposite party no. 2 by filing substitution application as the case not be dismissed by the trial court concerned under Section 258 CrPC as it is a case of trial of summon cases instituted on police report.

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The counsel for the applicants is directed to substitute the name of the heirs of opposite party no. 2 during the course of the day, and notice is to be issued to the substituted opposite party in place of opposite party no. 2.

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Office is directed to issue notice to the substituted opposite party in place of opposite party no. 2 (heirs of deceased informant).

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Put up this case as fresh on 19.12.2025.

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December 3, 2025 Rama Kant

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(Praveen Kumar Giri,J.)

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Avinash Gupta and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Avinash Gupta and Another v. State of U.P. and Another

Case brief

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