Shiva Singh vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Shiva Singh vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: temporary stay of the impugned proceedings (Case No.404 of 2024 arising out of Case Crime No.329 of 2023, Ss. 452, 323, 504 & 506 IPC, P.S. Makhi, Unnao) till the next date of listing; matter listed for September 2025 with notice issued to the private opposite party. Final decision on the s.482 application deferred.

Issue for consideration

Whether the impugned criminal proceedings in Case No.404 of 2024 arising out of Case Crime No.329 of 2023 (Sections 452, 323, 504 & 506 IPC, P.S. Makhi, Unnao) against applicant Shiva Singh warrant stay/reconsideration in light of the record and the principles of Ch. Bhajan Lal relied upon by counsel.

Court's answer

On consideration of rival submissions, record, contents of the F.I.R., other documents and the Bhajan Lal judgment, the court found it evident from the record that the incident was one of sudden provocation, members of both sides received injuries, and the applicant has also been selected as Agniveer (Technical).

Ratio / Principle

The court held that the matter requires consideration (i.e., merits further examination rather than outright rejection of the application).

Key takeaways

Notice was ordered to be issued to the private opposite party, returnable at an early date.ratio¶7
Until the next date of listing (case listed for September 2025), the impugned proceedings of Case No.404 of 2024 arising out of Case Crime No.329 of 2023, under Sections 452, 323, 504 & 506 IPC, Police Station Makhi, Unnao, were ordered to remain stayed.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Singh, J. (Order dated 13.6.2025): Application U/S 482 No. 5073 of 2025 by Shiva Singh seeking stay of criminal proceedings in Case No.404 of 2024 arising out of Case Crime No.329 of 2023 (Sections 452, 323, 504 & 506 IPC, Police Station Makhi, District Unnao), following rejection of his discharge application. Counsel relied on State of Haryana v. Ch. Bhajan Lal, AIR 1992 SC 604 (para 108), alleging false implication by inimical neighbours, a mechanically filed charge sheet, and only general allegations in witness statements, and noted the applicant's selection as Agniveer (Technical) on 14.03.2024. Considering rival submissions, the record, contents of the F.I.R., other documents and the Bhajan Lal judgment, the court observed it to be a case of sudden provocation with injuries to members of both sides and noted the applicant's Agniveer (Technical) selection; held the matter 'requires consideration'; ordered notice to the private opposite party; listed the case for September 2025; and stayed the impugned proceedings till the next date of listing. Interim order only — final determination reserved.

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5073 of 2025

Applicant :- Shiva Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Rajendra Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State - opposite parties.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case as the applicant was preparing for the army and he would be selected. He also submitted that the neighbours are inimical with the applicant and other family members, as a result, they lodged the F.I.R. The charge sheet was filed by the Investigating Officer in the most mechanical manner as the applicant was also selected as Agniveer (Technical) on 14.03.2024 in the army and he is willing to serve the nation. The applicant moved an application for discharge before the court below but the same was rejected in the most mechanical manner. He further submitted that only general allegations have been levelled in the statement of witnesses.

Learned counsel for the applicant has also relied on the judgment of the Hon'ble Supreme Court in the case of State of Haryana and Others vs. Ch. Bhajan Lal and Others reported in AIR 1992 SC 604 , more particularly in paragraph 108, and submitted that the case of the applicant is squarely covered with the principles of law laid down by the Honb'le Supreme Court in case of Ch. Bhajan Lal (supra) , therefore the Court proceedings may be stayed.

Learned A.G.A. has vehemently opposed the prayer of the applicant and submitted that sufficient evidences were collected by the Investigating Officer against the applicant.

Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as the judgment of the Hon'ble Supreme Court in the case of Ch. Bhajan Lal (supra) , it is evident from the record that it is a case of sudden provocation and members of both the sides received some injuries in the alleged incident and the applicant has also been selected as Agniveer (Technical).

Accordingly, the matter requires consideration.

Issue notice to the private opposite party returnable at an early date.

List this case in the month of September 2025.

Till the next date of listing, impugned proceedings of Case No.404 of 2024 arising out of Case Crime No.329 of 2023, under Section 452, 323, 504 & 506 IPC, Police Station Makhi, Distirict Unnao, shall remain stayed.

Order Date :- 13.6.2025 S. Shivhare

Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench