HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW (Lucknow Bench, Court No. 16) — Brij Raj Singh, J. Application under Section 482 Cr.P.C. (APPLICATION U/S 482 No. - 5205 of 2013) by Vijay Kumar Gupta praying for quashing of the criminal complaint titled 'Laxmi Devi versus Vijay Gupta and others' (Complaint Case No. 18/2012, U/s 419/420/504 I.P.C. and Section 3(1)(x) S.C./S.T. Act, 1989, P.S. Palia, District Lakhimpur Khiri) pending before the C.J.M., Lakhimpur Khiri, along with the entire subsequent proceedings, the summoning order dated 20/10/2012, and the N.B.W. and the order dated 22/02/2013 issuing it, and for stay of proceedings. Procedural background: opposite party no.2 had applied under Section 156(3) Cr.P.C. on 22.11.2011 before the C.J.M., Lakhimpur Kheri; the case was treated as a complaint; statements under Sections 200 and 202 Cr.P.C. were recorded and summons thereafter issued. Applicant's contentions: he was posted as Gram Panchayat Vikas Adhikari of Gulariya Patthar Shah Gram Panchayat (village Badaalpurwa) and annexed his transfer/posting letter dated 5.9.2011; the Pariwar Register was prepared long back prior to 2006 by the then official (not by the applicant) and indicates the caste of opposite party no.2 as 'Aarakh', whereas she claims to be Pasi, a Scheduled Caste — hence no case under Sections 419/420/504 IPC (or Sections 415/416 IPC) or Section 3(1)(x) SC/ST Act is made out. The learned A.G.A. opposed, submitting that the Section 200 Cr.P.C. statement shows the SC/ST Act offence and that the summons was justified. The Court did not pronounce on these merits: finding, after going through the record, that the matter should be remitted back to the court below, it granted the applicant one month to file a discharge application taking all pleas available in conformity with the Cr.P.C., directed the trial court to dispose of it within six weeks thereafter after affording opportunity to the aggrieved parties, permitted appearance through counsel, and stayed further proceedings for ten weeks or till disposal of the discharge application. Application disposed of accordingly. Decision date as printed: October 29, 2025.
