Prem Narayan and 2 Others vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Prem Narayan and 2 Others vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection only: notice to opposite party no. 2 (steps within seven working days) and stay of the proceedings in issue qua the applicants till the next date of listing; interim protection lapses if the steps are not taken within the specified time. The application under Section 482 remains pending for further consideration; no final relief (setting aside the summoning order or quashing the complaint case) granted at this stage.

Issue for consideration

Whether the summoning of the applicants by the Magistrate — after the final report in FIR/Case Crime No. 148/2014 was treated as Complaint Case No. 2000188/2015 on the protest petition — and the consequent complaint-case proceedings are sustainable, given that under Rule 7 of the SC/ST (Prevention of Atrocity) Rules, 1995 read with Section 14-A of the SC/ST Act the charge sheet should have been filed by the Investigating Officer before the Special Court and not before the Magistrate.

Court's answer

Prima facie view of the Court: under Rule 7 of the SC/ST (Prevention of Atrocity) Rules, 1995 read with Section 14-A of the SC/ST Act, the charge sheet should have been filed by the Investigating Officer before the Special Court and not before the Magistrate, who proceeded in a matter in which the FIR was lodged under the SC/ST Act; accordingly, the matter requires consideration (substantive question expressly left open).

Ratio / Principle

Interim directions: notice issued to opposite party no. 2, with steps for service to be taken within seven working days; till the next date of listing the proceedings in issue shall remain stayed qua the applicants; if the steps are not taken within the specified time, the benefit of interim protection will not be available to the applicants.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 11 — Application U/S 482 No. 7007 of 2025 — Prem Narayan and 2 others v. State of U.P. thru. Addl. Chief Secy. (Home), Lucknow and another (with Rekha Devi as opposite party no. 2) — decided 26.08.2025 by Hon'ble Saurabh Lavania, J.; Dinesh Kumar Mishra for applicants, G.A. for opposite parties. INTERIM ORDER. FIR/Case Crime No. 148/2014, P.S. Chapiya, District Gonda (lodged 31.05.2014 by opposite party no. 2, alleging offences under Sections 452, 323, 504, 506, 427, 354 I.P.C. and Section 3(1)(X) of the SC/ST Act, 1989) ended in a final report; on the protest petition the Magistrate treated the matter as Complaint Case No. 2000188/2015 (Rekha Devi v. Prem Narayan and others), recorded statements under Sections 200 and 202 Cr.P.C., and on 08.04.2025 summoned the applicants only for Sections 323, 504, 452 I.P.C. Taking the view that under Rule 7 of the SC/ST (Prevention of Atrocity) Rules, 1995 read with Section 14-A of the SC/ST Act the charge sheet should have been filed by the Investigating Officer before the Special Court and not before the Magistrate, the Court held the matter to require consideration, issued notice to opposite party no. 2 (steps within seven working days), and stayed the proceedings in issue qua the applicants till the next date of listing, with interim protection conditioned on timely completion of the service steps. No precedent cited; no final ruling on merits; no dissent.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 7007 of 2025

Prem Narayan And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Dinesh Kumar Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 11

HON'BLE SAURABH LAVANIA, J.

Supplementary affidavit filed today is taken on record.

Heard.

3. This application has been filed seeking following relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set a-side 08.04.2025 Division summoning impugned the passed by dated order the Civil Judge Junior Crime No. Gonda arising out of Case 148/2014 U/s 452, 323, 504, 506, 427, 354 I.P.C. and 3(1)X SC/ST Act, P.S. Chapiya District Gonda in which the final report filed was and on the protest the case has been treated as a complaint, bearing Complaint case No.2000188/2015 Rekha Devi versus Prem Narayan and others and summoning order has been passed only U/s 323, 504, 452 I.P.C. and further be please to quashed the entire complaint case arising out of the said case crime and complaint case is pending in the Court Additional Civil Judge Junior Division Gonda in the interest of justice.”

Upon due consideration of the facts of the case including that the FIR bearing FIR/Case Crime No.148/2014 was lodged by opposite party no.2 making allegations therein to attract the offence under Sections 452, 323, 504, 506, 427, 354 I.P.C. & Section 3(1)(X) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act') on 31.05.2014 at P.S.- Chapiya, District- Gonda and thereafter final report was filed before the Magistrate, who after considering the protest petition of the opposite party no.2 and the statement(s) recorded in terms of Sections 200 and 202 Cr.P.C. summoned the accused-applicants to face the trial for the offence under Sections 323, 504, 452 I.P.C. vide order dated 08.04.2025, as also the Rule 7 of SC/ST (Prevention of Atrocity)

A482 No. 7007 of 2025

2

Rules, 1995 read with Section 14-A of SC/ST Act, according to which the charge sheet should have been filed by the Investigating Officer before the Special Court and not before the Magistrate, who proceeded in the matter in which FIR was lodged in SC/ST Act, this Court is of the view that the matter requires consideration.

Accordingly, issue notice to the opposite party no. 2. Steps in this regard be taken within seven working days.

List/put up this case after receipt not notice along with service report.

Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicants.

In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicants.

(Saurabh Lavania,J.)

August 26, 2025

Anand/-

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