Umesh Kumar Maurya and 2 Others vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

Umesh Kumar Maurya and 2 Others vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim stay of proceedings of Case Crime No.982 of 2023 until the next date of listing (matter to be put up in week commencing 27.10.2025); notice ordered to opposite party no.2, returnable at an early date (steps within one week); opposite parties may file counter affidavits in the meantime.

Issue for consideration

Whether the impugned charge sheet no.01 of 2024 dated 2.10.2024 and the impugned summoning order dated 15.1.2025 arising out of Case Crime No.982 of 2023 (Police Station Kotwali Nagar, District Sultanpur) should be set aside/quashed. +1 more

Court's answer

Until the next date of listing, proceedings of Case Crime No.982 of 2023 under Sections 419, 420, 406, 504, 506 I.P.C. (applicant no.1) and Sections 419, 420 I.P.C. (applicant nos. 2 and 3) shall remain stayed.

Detailed headnote1 paragraphs

Application U/S 482 No. 6953 of 2025, Umesh Kumar Maurya v. State of U.P. (High Court of Judicature at Allahabad, Lucknow Bench, Court No.14; Shree Prakash Singh, J.; decided 2 September 2025). Applicants seek setting aside of charge sheet no.01 of 2024 dated 2.10.2024 and summoning order dated 15.1.2025 issued by the Chief Judicial Magistrate Court No.16, Sultanpur, arising out of Case Crime No.982 of 2023, Police Station Kotwali Nagar, District Sultanpur - Sections 419, 420, 406, 504, 506 I.P.C. (applicant no.1) and Sections 419, 420 I.P.C. (applicant nos. 2 and 3). Counsel submits the applicants are innocent and falsely implicated; there was a money transaction between the parties but no intent to cheat or defraud from inception; the matter is characterisable as breach of trust rather than cheating; and the case is covered by the ratio of Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh, (2024) 10 SCC 690. The learned A.G.A. opposed the submissions but did not dispute the applicable legal proposition. Court: matter requires consideration; notice issued to opposite party no.2 (steps within one week); counter affidavits permitted meanwhile; proceedings of Case Crime No.982 of 2023 stayed till the next date of listing (week commencing 27.10.2025). No merits ruling rendered; interim-relief order only.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 6953 of 2025

Umesh Kumar Maurya And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Abhinav Srivastava Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.

Instant application has been filed with the prayer to set aside the impugned charge sheet no.01 of 2024 dated 2.10.2024 arising out of Case Crime No.982 of 2023 under Sections 419, 420, 406, 504, 506 I.P.C. relating to applicant no.1 and Section 419, 420 I.P.C. relating to applicant nos. 2 and 3 lodged with Police Station Kotwali Nagar, District Sultanpur including impugned summoning order dated 15.1.2025 issued by the Chief Judicial Magistrate Court No.16, Sultanpur.

It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated. He submits that admittedly, there was money transaction in between the parties but there was no intent of the applicant of committing cheat and fraud from very inception. He submits that this can be one of the case of breach of trust but learned trial court has proceeded under Section 406 I.P.C. read with Section 420 I.P.C. and issued process. He further submitted that the case of the present applicants is covered with the ratio of the Judgment of the Apex Court rendered in the case of Delhi Race Club (1940) Ltd. Vs. State of Uttar Pradesh reported in (2024) 10 SCC 690 , therefore, proceedings against the applicants may be quashed.

A482 No. 6953 of 2025

2

On the other hand, learned A.G.A. for the State has opposed the submissions aforesaid but he could not dispute the legal proposition of law applicable in the case of the present applicants.

Matter requires consideration.

Let notice be issued to the opposite party no.2 returnable at an early date.

Steps be taken within one week.

List/put up this matter in week commencing 27.10.2025.

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

Till the next date of listing, proceedings of Case Crime No.982 of 2023 under Sections 419, 420, 406, 504, 506 I.P.C. relating to applicant no.1 and Section 419, 420 I.P.C. relating to applicant nos. 2 and 3 lodged with Police Station Kotwali Nagar, District Sultanpur shall remain stayed.

(Shree Prakash Singh,J.)

September 2, 2025 Ram Murti

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench