Balram and 6 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Balram and 6 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: further proceedings of Complaint Case No. 948 of 2017 stayed against the applicants until further orders of the Court; notice issued to opposite party no. 2 returnable at an early date; counter affidavit due within two weeks and rejoinder within one week thereafter; matter to be listed after eight weeks. Final decision on quashing reserved.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 948 of 2017 and the cognizance/summoning order dated 31.08.2018 (cognizance taken under Sections 452, 323, 504, 506, 379 IPC) should be quashed.

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Notice was ordered to be issued to opposite party no. 2, returnable at an early date.

Key takeaways

Opposite party no. 2 was given two weeks to file a counter affidavit, with one week thereafter for a rejoinder affidavit.ratio¶19
The matter was directed to be listed after eight weeks.ratio¶20
Until further orders of this Court, further proceedings of Complaint Case No. 948 of 2017 shall remain stayed against the applicants.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.), interim order dated August 27, 2025, in APPLICATION U/S 482 No. 4460 of 2025 (body of the judgment states it was filed under Section 528 BNSS): Balram and 6 others applied to quash the entire proceedings of Complaint Case No. 948 of 2017 and the cognizance/summoning order dated 31.08.2018, whereby the Magistrate took cognizance under Sections 452, 323, 504, 506 and 379 IPC (Police Station Banda, District Shahjahanpur), pending before the Civil Judge (Junior Division)/Judicial Magistrate, Powayan. Counsel submitted the complaint dated 24.08.2017 (incident 06.06.2017) was false, frivolous and motivated solely to harass, that there was no medical examination report to substantiate it, and that it was a counter blast to NCR No. 148 of 2017 (registered 01.07.2017), in which a charge-sheet under Sections 323, 504, 506 IPC had been submitted against the complainant and others. Finding the matter prima facie to require consideration, the Court issued notice to opposite party no. 2, fixed two weeks for the counter affidavit and one week thereafter for the rejoinder, directed listing after eight weeks, and stayed further proceedings against the applicants until further orders.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 4460 of 2025

Balram And 6 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Vinay	Kumar Tripathi
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Vinay Kumar Tripathi, learned counsel for the applicants and Sri Abhishek Kumar, learned A.G.A. for the State.

The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Complaint Case No. 948 of 2017, as well as cognizance/ summoning order dated 31.08.2018 by which the learned Magistrate took cognizance under Sections 452, 323, 504, 506, 379 of I.P.C., Police Station- Banda, District Shahjahanpur, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Powayan, Shahjahanpur.

Learned counsel for the applicants submits that the complaint dated 24.08.2017 with regard to incident dated 06.06.2017 has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that there is no medical examination report to substantiate the allegations of the complaint. The impugned complaint has been filed as a counter blast case of NCR No. 148 of 2017, which was registered on 01.07.2017 with regard to incident dated 01.07.2017, in which charge-sheet has been submitted under Sections 323, 504, 506 of I.P.C. against the complainant and other persons.

Prima facie, matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no. 2 returnable at an early date.

A482 No. 4460 of 2025

2

Opposite party no. 2 may file counter affidavit within two weeks. Rejoinder affidavit may be filed within one week thereafter.

List after eight weeks.

Until further orders of this Court, further proceedings of the aforesaid case, shall remain stayed against the applicants.

August 27, 2025 Ishan

(Sanjay Kumar Pachori,J.)

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad