Disposed

Mohit Pandey v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC12 Aug 2025A482/6482/2025

Case brief

AI extract

What is this about?

Applicant sought quashing of criminal proceedings under Sections 406, 420, 506 IPC. Court noted applicability of precedents regarding printed proformas and simultaneous offences. Matter adjourned for notice to opposite party no. 2 with interim stay on proceedings.

What did the court decide?

Notice issued to opposite party no. 2; entire proceedings of Criminal Case No. 3013 of 2020 stayed till next date.

Mohit Pandey vs State of U.P. Thru. Prin. Secy. Home Lko… — Quashing and FIR | Allahabad HC (2025)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 6482 of 2025 Applicant :- Mohit Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arun Kumar Pandey,Keshav Ram Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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By means of the instant application, the applicant has prayed to quash the entire proceeding of Criminal Case No.3013 of 2020 (State Vs. Mohit Pandey and Ors.) including the summoning order dated 16.03.2020 passed by the Chief Judicial Magistrate, Ayodhya as well as the charge-sheet dated 29.12.2019 arising out of Case Crime No.497 of 2019 under Sections 406, 420, 506 IPC, P.S.- Rounahi, District- Ayodhya.

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The learned counsel for the applicant submits that the FIR was lodged against the applicant on 22.10.2019 as Case Crime No.497 of 2019 under Sections 406, 420, 506 IPC, P.S.Rounahi, District- Ayodhya, thereafter, investigation was conducted and charge-sheet was filed and the Magistrate concerned, after taking cognizance, proceeded in the matter. He further submits that the process has been issued on printed proforma which is also not permitted under the settled proposition of law in the case of Ankit versus State of U.P. and another reported in 2009 (9) ADJ 778.

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He next submits that the case of the present applicant is squarely covered with the ratio of judgment of Delhi Race Club (1940) Limited and others versus State of Uttar Pradesh and another reported in (2024) 10 SCC 690, as from the perusal of the first information report, it transpires that the matter could not have been proceeded under Sections 406 and 420 in a same breath and even the criminal proceeding should not go on for both the offences, simultaneously. Therefore, submission is that the criminal proceeding against the applicant may be quashed.

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On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid but he could not dispute the applicability of the settled proposition of law in the case of Ankit (supra) and Delhi Race Club (1940) Limited and

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others (supra).

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Prime facie, matter requires consideration.

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

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Steps be taken within a week.

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List this case in the third week of September, 2025.

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In the meantime, opposite parties may file objection/counter affidavit.

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Till the next date, entire proceedings of Criminal Case No.3013 of 2020 (State Vs. Mohit Pandey and Ors.) arising out of Case Crime No.497 of 2019 under Sections 406, 420, 506 IPC, P.S.- Rounahi, District- Ayodhya shall remain stayed.

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Order Date :- 12.8.2025 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Mohit Pandey v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Mohit Pandey v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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