Safina Khatoon and Another v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home U.P. Lko. and Another
Case brief
What is this about?
Section 500 IPC summons quashing; Section 482 Cr.P.C. inherent jurisdiction; abuse of process; interim stay of summoning order; Civil Judge (JD)/ACJM Shrawasti Case No.526 of 2024; complaint allegedly retaliatory during pendency of further investigation ordered on protest application in Case Crime No. 0014 of 2021 (Ss. 328, 376, 506, 420 IPC, order dated 30.3.2022); statements under Section 202 Cr.P.C.; connected matter Naseem Vs. State of U.P., 482 Application No. 10634 of 2024 (interim order 27.11.2024); notice to opposite party no.2; counter affidavit within four weeks; rejoinder thereafter; single judge, Lucknow Bench; order date 9.7.2025. Relevant where interim protection from a summoning order is sought in a pending quashing challenge.
What did the court decide?
Interlocutory relief only: notice issued to opposite party no.2 (steps within a week; counter affidavit(s) within four weeks; rejoinder a week thereafter; matter connected and to be listed with Application No. 10634 of 2024); meanwhile the summoning order dated 24.07.2024 and processes issued pursuant thereto stayed qua applicants Safina Khatoon and Atharhusaid Mustak Ahmad Sayyad. Merits left open.