Partly allowed

Manoj Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

Allahabad HC16 Jul 2025A482/5656/2025

Case brief

AI extract

What is this about?

Application u/s 482 CrPC filed challenging a complaint and summons arising from a civil rent dispute. Applicant sought to quash proceedings alleging the complaint was not maintainable. Court stayed a prior order against the applicant and issued notice to the respondent no.2 for consideration of maintainability.

What did the court decide?

Stayed the order dated 12.09.2024 in Criminal Case No. 258 of 2023; issued notice to respondent no.2; listed for hearing within a month with service report.

Manoj Kumar vs State of U.P. Thru. Addl. Chief Secy. Home… — Quashing and FIR | Allahabad HC (2025)

¶1

Court No. - 12

¶2

Case :- APPLICATION U/S 482 No. - 5656 of 2025

¶3

Applicant :- Manoj Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Manoj Kumar Gupta,Rajesh Kumar Shukla

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajnish Kumar,J.

¶6

Heard Shri Manoj Kumar Gupta, learned counsel for the applicant and learned AGA.

¶7

This Court had passed the following order on 16.07.2025:-

¶8

"On an objection raised by learned A.G.A. that this application is not maintainable because the applicant has alternative and statutory remedy of revision, Sri Manoj Kumar Gupta, learned counsel for the applicant seeks time to argue on the maintainability of the application.

¶9

List in the next week as fresh. "

¶10

Learned counsel for the applicant, relying on the judgment of Prabhu Chawla vs. State of Rajasthan and another; (2016) 16 SCC 30, submits that remedy of revision cannot be a bar for entertaining the application under Section 482 CrPC, therefore, this application may not be dismissed on the aforesaid ground because the complaint itself was not maintainable, but without considering it, the applicant has been summoned.

¶11

He further submits that on account of civil dispute between the parties on account of rent agreement between the applicant and the respondent no. 2, a false complaint has been filed without any date, time and place of incident of abusing the respondent no. 2 and doing maar peet with him and medical, therefore, civil dispute is being tried to be given the colour of criminal dispute. Thus, the application under Section156(3) CrPC itself was not maintainable, but the same has been registered as a compliant case and the applicant has been summoned without considering the above.

¶12

Learned AGA, though opposes the prayer of learned counsel for the applicant, but could not contradict the aforesaid submissions made by learned counsel for the applicant.

¶13

Matter requires consideration.

¶14

Issue notice to the respondent no.2.

¶15

Steps within a week.

¶16

List in the next month with service report.

¶17

Till the next date of listing, the order dated 12.09.2024 passed in Criminal Case No. 258 of 2023; Vikas Pal vs. Manoj Kumar, Police Station Bangarmau, District Unnao by Additional Chief Judicial Magistrate, Court No.1, Unnao shall remain stayed.

¶18

Order Date :- 23.7.2025 Raj

¶19

Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Manoj Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sharafat Ali vs State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home Lko. and Another

Dhirendra Pratap Singh (D.P. Singh ) Alias Dheeru Singh vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Subhash Yadav and 5 Others vs State of U.P. Thru. Its Prin. Secy. Home Lko. and Another

Ashish Agarwal vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Bijnesh and 3 Others vs State of U.P. Thru. Prin. Secy. Secy. Home Lko. and Another

Shani Alias Ansh Pratap vs State of U.P. Thru. Prin. Secy. Home Lko. and Another