Disposed

Manoj v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. and Another

Allahabad HC2 Jun 2025A482/4590/2025

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC seeking quashing of a summoning order in an SC/ST Act sessions case. Since a co-accused had already obtained a stay from this Court, the Court stayed the proceedings against the petitioner till the next listing and issued notice.

What did the court decide?

Proceedings of Case No.2905 of 2024 stayed qua the petitioner till the next date of listing; notice issued to respondent No.2.

Manoj vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko… — Caste Atrocities | Allahabad HC (2025)

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Court No. - 3

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Case :- APPLICATION U/S 482 No. - 4590 of 2025

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Applicant :- Manoj

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And Another Counsel for Applicant :- Ravi Kant Shukla,Priyadarshi Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State.

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Issue notice to the respondent No.2.

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By means of the instant application filed under Section 482 Cr.P.C./ 528 B.N.S.S., the petitioner seeks quashing of the summoning order dated 02.12.2024 passed by the learned Special Judge S.C./S.T. Act, Lucknow as well as entire proceedings of Sessions Case No.2905 of 2024 In Re State of U.P. vs Sanjay Kumar Sonkar & Ors pending in the Court of S.C./S.T. Act, Lucknow.

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Contention of the learned counsel for the petitioner is that an FIR has been lodged against the petitioner and various other persons on 29.11.2023 under Sections 420, 408, 471, 406, 504, 506 IPC, 3(1) (Gha) and 3(2)(Va) of the S.C./S.T. Act. Thereafter, the charge-sheet has been filed by the authorities. After submission of the charge-sheet, the summoning order dated 02.12.2024, a copy of which is Annexure1 to the petition has been issued against the petitioner and others.

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So far as the petitioner is concerned, the charge-sheet has been filed under Sections 504 and 506 IPC against him.

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It is contended that another person, namely Shri Sanjay Kumar Sonkar, who has also been summoned, has approached this Court by filing an Application u/s 482 Cr.P.C. No.3985 of 2024 In Re Sanjay Kumar Sonkar vs State of U.P. & Ors and this Court vide order dated

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29.04.2025 after considering the facts and circumstances of the case

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has stayed the proceedings of Case No.376 of 2023 related Case No.2905 of 2024 till the next date of listing.

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It is contended that the petitioner having also been summoned by the said order and his offence being under Sections 504 and 506 IPC, he be extended the benefit of the order dated 29.04.2025.

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Learned A.G.A. does not dispute the order dated 29.04.2025.

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Considering the aforesaid, it is provided that till the next date of listing of the case proceedings of Case No.2905 of 2024 shall remain stayed so far as it relates to the petitioner.

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The respondents may file counter affidavit within a period of four weeks to which reply may be filed within next two weeks.

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List thereafter.

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Order Date :- 2.6.2025

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prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Manoj v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. and Another

Case brief

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Manoj v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. and Another

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