Sarveshwar Bali vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Heard Shri J.N. Mathur, learned Senior Advocate assisted by Ms.Aishvarya Mathur and Shri Dhruv Mathur, learned counsels for the applicant and Shri Ajay Kumar Srivastava, learned AGA for the State of U.P..

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The present application has been filed by the applicant seeking following main relief(s):-

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"I. Set aside the order dated 27.06.2025 as contained in Annexure No.1 through which the applicant has been summoned under Section 204 of the Code of Criminal Procedure, 1973, for proceedings under Section 420 of the Indian Penal Code, passed by Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow.

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II. Set aside the entire proceedings arising from Complaint Case no. 1975 of 2019 as contained in AnnexureNo.2 which are pending against the applicant before the Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow."

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Prima facie, it appears that to a civil dispute related to a society known as British Indian Association/Anjumane Hind Oudh, Baradari, Qaiserbagh, Lucknow (in short "Association") of which Opposite Party No.4 was the member and he was debarred from the Association on 07.10.2018 for a period of six years and was removed finally on 11.02.2019, criminal color has been given, which practice has been deprecated by the Hon'ble Apex Court in various judgments including rendered in the cases of Deepak Gaba and others Vs. State of Uttar Pradesh and another, Criminal Appeal No.2328 of 2022, decided on 02.01.2023; Prof R.K. Vijayasarathy & Anr. Vs. Sudha Seetharam & Anr., Criminal Appeal No.238 of 2019, arising out of Special Leave Petition (Crl) No.1434 of 2018, decided on 15.02.2019; Lalit Chaturvedi & others Vs. State of Uttar Pradesh & another, SLP (Crl) No.13485 of 2023, order dated 06.02.2024; Randheer Singh Vs. State of U.P., (2021) 14 SCC 626; Syed Yaseer Ibrahim Vs. State of U.P., (2022) 17 SCC 611; Rikhab Birani Vs. State of U.P., 2025 SCC OnLine SC 823; Jay Shri Vs. State of Rajasthan, 2024 SCC OnLine SC 54 and Debu Singh and another Vs. State of U.P. [SLP (Crl.) No.3620 of 2025)] as also to attract the offense under Section 420 IPC, following ingredients are to be satisfied as held by the Hon'ble Apex Court in the case of Jupally Lakshmikantha Reddy v. State of A.P., 2025 SCC OnLine SC 1950 :-

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"12. The ingredients of the offence of cheating are as follows:

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1) Deception of a person by making false representation which the maker knows or has reason to believe is false and thereby

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A482 No. 7863 of 2025

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2

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2)(a) Fraudulently or dishonestly inducing such person:

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(i) to deliver any property to any person, or

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(ii) to consent that any person shall retain any property, or

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(b) Intentionally induces that person to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property."

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Taking note of the aforesaid, this Court is of the view that the instant application is liable to be entertained and the interest of the applicant is liable to be protected.

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Accordingly, issue notice to the opposite party No. 4. Steps in this regard be taken within seven working days.

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Let opposite party No.4/Satendra Pratap Singh S/o Late Shivendra Pratap Singh R/o 510/187, R.B.L. Road, 104 Landmark Apartment be also informed by the SHO concerned regarding pendency of the instant case.

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Learned AGA is directed to communicate this order to the SHO concerned forthwith and place the proof regarding the information given by the S.H.O. concerned to the opposite party No. 4 by way of an affidavit when the case is listed next.

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List/put up this application after service of notice in the month of October, 2025 alongwith service report.

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

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In the meantime, learned AGA may file response to the present application.

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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 applicant.

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September 15, 2025 Mohit Singh/-

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(Saurabh Lavania,J.)

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sarveshwar Bali v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Sarveshwar Bali v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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