Mohd. Danish vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Mohd. Danish 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 directed to be issued to opposite party no. 2 (steps within one week, returnable at an early date); opposite parties permitted to file counter affidavits in the meantime; matter listed in the 4th week of September, 2025; further proceedings of Criminal Case No. 241 of 2017 stayed qua the applicant till the next date of listing. No final decision on the quashing prayer; the matter remains pending consideration.

Issue for consideration

Whether the proceedings of Criminal Case No. 241 of 2017 (State vs. Mohd. Danish and another), the charge-sheet, and the cognizance-cum-summoning order dated 19.05.2017 arising out of Crime/FIR No. 0346 of 2017 (Sections 323 and 504 IPC read with Section 3(1)(x) SC/ST Act) should be quashed. +1 more

Ratio / Principle

As an interim measure, the further proceeding of Criminal Case No. 241 of 2017, so far as it relates to the present applicant, shall remain stayed till the next date of listing; notice to issue to opposite party no. 2 and the matter to be listed in the 4th week of September, 2025.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Shree Prakash Singh, J.) — Interim order in application under S. 482 Cr.P.C. / S. 528 BNSS, 2023 filed by Mohd. Danish seeking quashing of (i) the proceedings of Criminal Case No. 241 of 2017 (State vs. Mohd. Danish and another) arising out of Crime/FIR No. 0346 of 2017, under Sections 323 and 504 IPC read with Section 3(1)(x) SC/ST Act, P.S. Chinhat, District Lucknow, pending before the Special Judge, SC/ST Act, Lucknow, (ii) the charge-sheet, and (iii) the cognizance-cum-summoning order dated 19.05.2017. Counsel for the applicant contended the FIR showed no caste-named abuse, the charge-sheet was filed without consideration, and the summoning order was a proforma order passed without judicial mind, placing reliance on Ankit (All HC, Appln. U/S 482 No. 19647 of 2009) and Hitesh Verma v. State of Uttrakhand, (2020) 10 SCC 710; the AGA opposed but did not dispute the contentions. The court found the matter to require consideration, issued notice to opposite party no. 2, permitted counter affidavits, listed the matter for the 4th week of September, 2025, and stayed further proceedings qua the applicant till the next date. Merits not decided.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 6442 of 2025

Applicant :- Mohd. Danish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Syed Asaghar Mehdi Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash proceeding of Criminal Case No.241 of 2017 (State Vs. Mohd. Danish and another) arising out of Crime/FIR No.0346 of 2017, under Sections 323 and 504 IPC read with Sections 3(1)(x) SC/ST Act lodged at Police Station Chinhat, District Lucknow, pending in the Court of Special Judge, SC/ST Act, Lucknow, to quash the charge-sheet filed in the aforesaid crime number as well as to quash the order dated 19.05.2017 by means of which cognizance of the offence has been taken and the applicant has been summoned to face trial under the aforesaid sections.

Learned counsel appearing for the applicant submits that the applicant is innocent and he has falsely been implicated. His further submission is that the FIR itself is explanatory that the applicant never hurled abuses naming the caste. He submits that the investigating officer without considering the aforesaid filed, charge-sheet and the learned trial Court in a cursory manner has also issued the summons on 19.05.2017. In addition, he has drawn attention of this Court towards the summoning order dated 19.05.2017 and submits that the same is on proforma and it clearly indicates that the learned trial Court has not applied its judicial mind while taking cognizance of the offences and issuing the summons. He places reliance upon the ratio of judgments rendered in the cases of Ankit Vs. State of U.P. And another passed in Application U/S 482 No.19647 of 2009 decided on 15.10.2009 and Hitesh Verma Vs. State of Uttrakhand and Anr. reported in (2020) 10 SCC 710 and submits that the impugned criminal proceedings may be quashed.

Though learned AGA for the State has opposed the aforesaid contention, he has failed to dispute the contention made on behalf of the applicant.

Thus, the matter requires consideration.

Let notice be issued to opposite party no. 2, on taking appropriate steps within one week, returnable at an early date.

List in the 4th week of September, 2025.

In the meantime, opposite parties may file counter affidavit.

Till the next date of listing, the further proceeding of Criminal Case No.241 of 2017 (State Vs. Mohd. Danish and another) arising out of Crime/FIR No.0346 of 2017, under Sections 323 and 504 IPC read with Sections 3(1)(x) SC/ST Act lodged at Police Station Chinhat, District Lucknow, pending in the Court of Special Judge, SC/ST Act, Lucknow, so far as it relates to the present applicant, shall remain stayed.

[Shree Prakash Singh,J.]

Order Date :- 11.8.2025 MVS/-

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench