Rakesh Kumar and 3 Others Vs State of U.P. Thru. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Rakesh Kumar and 3 Others Vs State of U.P. Thru. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; application disposed of finally with a conditional direction: upon surrender and filing of a bail application within 30 days, it shall be disposed of expeditiously in the light of Satender Antil (LL 2021 SC 550).

Issue for consideration

Whether the summoning order dated 13.02.2018 and the entire proceedings of Complaint Case No.206 of 2017 (Sections 323, 452, 427, 504, 506 I.P.C.) should be quashed under Section 482 Cr.P.C., with a stay of further proceedings sought meanwhile.

Court's answer

The Magistrate passed the summoning order dated 13.02.2018 while applying his judicial mind.

Ratio / Principle

The veracity and reliability of the prosecution witnesses cannot be tested at the quashing stage and can only be tested during trial.

Key takeaways

There is no illegality or impropriety in the order passed by the Magistrate, and therefore there is no ground to quash the order dated 13.02.2018 or the proceedings of the case.ratio¶10
If the applicants surrender and move their bail application before the court concerned within 30 days, it shall be disposed of expeditiously, as far as possible, in the light of Satender Antil vs. Central Bureau of Investigation and another (LL 2021 SC 550).ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Chandra Sharma, J. — Application under Section 482 Cr.P.C. (No. 5121 of 2025) by Rakesh Kumar and 3 others seeking quashing of the summoning order dated 13.02.2018 and the entire proceedings of Complaint Case No.206 of 2017 (Sundara vs Rajesh Kumar and others) under Sections 323, 452, 427, 504, 506 I.P.C., Police Station Laliya, District Balrampur. Held: the Magistrate passed the summoning order applying his judicial mind; the veracity and reliability of prosecution witnesses cannot be tested at the quashing stage but only during trial; no illegality or impropriety appears in the order, hence no ground to quash. Application disposed of finally, with a conditional direction that if the applicants surrender and move bail within 30 days it be disposed of expeditiously in the light of Satender Antil vs. Central Bureau of Investigation and another, LL 2021 SC 550.

Neutral Citation No. - 2025:AHC-LKO:36474

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5121 of 2025

Applicant :- Rakesh Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Surya Kumar,Pushpendra Kumar Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

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

The present application u/s 482 Cr.P.C. has been moved with prayer to quash the summoning order dated 13.02.2018 as well as the entire proceeding of the Complaint Case No.206 of 2017 (Sundara vs Rajesh Kumar and others), under Sections 323, 452, 427, 504, 506 I.P.C., Police Station Laliya, District Balrampur and also prays to stay the further proceedings of the aforesaid case.

It is submitted that in this case complaint has been filed against the applicants on false and frivolous grounds. The statements of complainant as well as other witnesses have been recorded u/s 200 & 202 Cr.P.C. by the learned court. There is material contradiction in the statements of complainant and witnesses. No case u/s 323, 452, 427, 504, 506 is made out. This complaint has been filed to make harassment of applicants. Learned court below has also not considered all these facts while passing the order dated 13.02.2018 by which applicants have been summoned. Therefore, requested to quash the impugned order as well as proceeding of the case.

Learned A.G.A. opposed the prayer for quashing the same.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the perusal of record shows that Magistrate has passed the order dated 13.02.2018 while applying his judicial mind. The veracity and reliability of prosecution witnesses cannot be tested at this stage but it can only be done during trial. There appears no illegality and impropriety in the order passed by the Magistrate. Therefore, there is no ground to quash the order dated 13.02.2018 and the proceeding of the case.

However, if applicants surrender and move bail application before the court concerned within a period of 30 days from today, the same shall be disposed of expeditiously as far as possible in the light of case of Satender Antil vs. Central Bureau of Investigation and another LL 2021 SC 550 decided by Hon'ble the Apex Court.

Accordingly, this application stands disposed of finally.

Order Date :- 26.6.2025 Renu/-

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench