Mata Prasad and 7 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Mata Prasad and 7 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Notice issued to opposite party No.2 (returnable within four weeks); ad-interim protection that no coercive action shall be taken against the applicants till the next date of listing (14.08.2025); the quashing prayer remains pending consideration.

Issue for consideration

Whether the entire proceedings in Case No.332/2023 (arising out of Case Crime No.125/2021) under Sections 147, 436, 323, 504, 506 I.P.C., including Chargesheet No.111/2021 and the summoning/cognizance order, are liable to be quashed as erroneous and an abuse of the process of the Court, given the alleged absence of any allegation or evidence supporting Section 436 I.P.C.

Court's answer

Interim directions only, merits left open: the Court held that the matter requires consideration, issued notice to opposite party No.2 returnable within four weeks, permitted the learned A.G.A. to file a counter affidavit with rejoinder within two weeks thereafter, listed the matter on 14.08.2025, and directed that till the next date of listing no coercive action shall be taken against the applicants in pursuance of Case No.332/2023 arising out of Case Crime No.125/2021.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Subhash Chandra Sharma, J.; Court No. 11) — Interim order dated 25.6.2025 in Application U/S 482 No. 5161 of 2025. Mata Prasad and 7 others sought quashing of the entire proceedings in Case No.332/2023, arising out of Case Crime No.125/2021, under Sections 147, 436, 323, 504, 506 I.P.C., P.S. Mawai, District Ayodhya, pending before the Civil Judge (J.D.) Fourth/Judicial Magistrate, Faizabad/Ayodhya, together with Chargesheet No.111/2021 dated 05.06.2021 and the summoning order dated 18.08.2023. It was contended that there was neither any allegation of mischief by fire in a dwelling house in the F.I.R. nor any investigative evidence to sustain Section 436 I.P.C., rendering the proceedings, chargesheet and cognizance order erroneous and an abuse of the process of Court; the learned A.G.A. opposed the prayer but could not dispute the factual submissions. The Court found that the matter requires consideration, issued notice to opposite party No.2 returnable within four weeks, permitted the learned A.G.A. to file a counter affidavit (rejoinder within two weeks thereafter), fixed 14.08.2025 for listing, and directed that till the next date of listing no coercive action shall be taken against the applicants in the said case. The merits of the quashing prayer were left open; no precedent was cited.

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5161 of 2025

Applicant :- Mata Prasad And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The instant application u/s 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire proceedings of the Case No.332/2023 arising out of Case Crime No.125/2021, under Sections 147, 436, 323, 504, 506 I.P.C., Police Station Mawai, District Ayodhya pending the court of Civil Judge (J.D.) Fourth/ Judicial Magistrate, Faizabad/ Ayodhya and impugned Chargesheet No.111/2021 dated 05.06.2021 as well as impugned summoning order dated 18.08.2023.

It is submitted by learned counsel for the applicants that in this case there is no allegation of committing mischief by fire in a dwelling house even though Section 436 I.P.C. was mentioned in the F.I.R. During the course of investigation, no such evidence was found by the Investigating Officer even though chargesheet was filed under Section 436 I.P.C. with other sections. Learned trial court has also took cognizance of the offence under Section 436 I.P.C. In this way, the entire proceedings including chargesheet and order of cognizance is erroneous and abuse of the process of Court, therefore, request to quash the entire proceedings of the case and allow this application.

Per contra, learned A.G.A. has vehemently opposed the aforesaid prayer. However, he could not dispute the factual submissions advanced by learned counsel for the applicants.

Having heard learned counsel for parties and keeping in view the submissions advanced by them, the matter requires consideration.

Issue notice to opposite party No.2 returnable within four weeks.

In the meantime, learned A.G.A. may file counter affidavit. Rejoinder, if any, may be filed within two weeks thereafter.

List on 14.08.2025 .

Till the next date of listing, no coercive action shall be taken against the applicants in pursuance of Case No.332/2023 arising out of Case Crime No.125/2021, under Sections 147, 436, 323, 504, 506 I.P.C., Police Station Mawai, District Ayodhya pending the court of Civil Judge (J.D.) Fourth/ Judicial Magistrate, Faizabad/ Ayodhya .

(Subhash Chandra Sharma, J.)

Order Date :- 25.6.2025 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench