Santosh Kumar Singh @ Santosh Singh and 2 Others vs State of U.P. Thru. Addl. Chief Secy. Home Govt. of U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Santosh Kumar Singh @ Santosh Singh and 2 Others vs State of U.P. Thru. Addl. Chief Secy. Home Govt. of U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: notice issued to opposite party no. 2 (returnable at an early date, steps within a week); matter listed for the second week of September 2025; counter affidavits permitted; till the next date of listing, further proceedings of Criminal Case No. 799 of 2024 and the chargesheet dated 28.05.2018 in NCR No. 93 of 2017 stayed, so far as the present applicants are concerned. Final quashing decision deferred to a future sitting.

Issue for consideration

Whether the summoning order dated 23.04.2019 passed in Criminal Case No. 799 of 2024 (State Vs. Nirbhay Singh and others) and the chargesheet dated 28.05.2018 submitted in NCR No. 93 of 2017 (Sections 323, 504 IPC, Police Station Amethi, District Amethi) deserve to be quashed, given counsel's contention that proceedings arising from a non-cognizable report under Section 155 Cr.P.C., investigated after permission by the Investigating Officer, must culminate under Section 2(d) Cr.P.C.

Court's answer

The Court finds force in the argument of learned counsel for the applicants that proceedings arising out of the NCR investigated after permission must culminate under Section 2(d) Cr.P.C. and that the impugned proceeding deserves to be quashed.

Ratio / Principle

Interim directions issued: notice to opposite party no. 2 returnable at an early date (steps within a week), matter listed for the second week of September 2025, counter affidavits permitted meanwhile, and till the next date of listing further proceedings of Criminal Case No. 799 of 2024 and the chargesheet dated 28.05.2018 submitted in NCR No. 93 of 2017 shall remain stayed, so far as the present applicants are concerned.

Detailed headnote1 paragraphs

Application U/S 482 No. 6355 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 14; Hon'ble Shree Prakash Singh, J.; order dated 5.8.2025) by Santosh Kumar Singh @ Santosh Singh and 2 others seeking quashing of the summoning order dated 23.04.2019 passed in Criminal Case No. 799 of 2024 (State Vs. Nirbhay Singh and others) and of the chargesheet dated 28.05.2018 submitted in NCR No. 93 of 2017, under Sections 323, 504 IPC, Police Station Amethi, District Amethi. Counsel for the applicants contended that the report was initially lodged as a non-cognizable offence under Section 155 of Cr.P.C., was investigated after permission allegedly sought by the Investigating Officer, who found offences under Sections 323, 504 IPC committed, and that the proceedings must therefore be culminated under Section 2(d) of Cr.P.C.; the learned AGA opposed but failed to dispute the aforesaid legal position. Finding force in the argument, the Court issued notice to opposite party no. 2 returnable at an early date (steps within a week), put up the matter for the second week of September 2025, permitted counter affidavits in the meantime, and directed that till the next date of listing further proceedings of Criminal Case No. 799 of 2024 and the chargesheet dated 28.05.2018 shall remain stayed, so far as the present applicants are concerned. Interim order only; no final determination on quashing made in this document.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 6355 of 2025

Applicant :- Santosh Kumar Singh @ Santosh Singh And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants and learned AGA for the State.

The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 23.04.2019 passed in Criminal Case No. 799 of 2024 (State Vs. Nirbhay Singh and others) as well as chargesheet dated 28.05.2018 submitted in NCR No. 93 of 2017, under Sections 323, 504 IPC, Police Station Amethi, District Amethi.

Contention of learned counsel for the applicants is that initially, the report was lodged for non-cognizable offence under Section 155 of Cr.P.C. which was investigated by virtue of permission allegedly sought by the Investigating Officer and since after investigation, the Investigating Officer found that the offence is committed under Sections 323, 504 IPC and, therefore, the proceedings must be culminated under Section 2(d) of Cr.P.C. Further submission is that the impugned proceeding, arising out of Criminal Case No. 799 of 2024, wherein chargesheet has been filed, deserves to be quashed.

On the other hand, learned AGA for the State has opposed the contentions aforesaid and submits that the matter has been investigated while lodging the First Information Report, though he has failed to dispute the aforesaid legal position.

This Court find force in the argument of learned counsel for the applicants.

The matter requires consideration.

Issue notice to opposite party no. 2, returnable at an early date.

Steps be taken within a week.

List/put up this matter in the second week of September, 2025.

In the meantime, opposite parties may file their counter affidavits.

Till the next date of listing, further proceedings of Criminal Case No. 799 of 2024 (State Vs. Nirbhay Singh and others) as well as chargesheet dated 28.05.2018 submitted in NCR No. 93 of 2017, under Sections 323, 504 IPC, Police Station Amethi, District Amethi, shall remain stayed, so far as the present applicants are concerned.

Order Date :- 5.8.2025 kkv/

Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench