Disposed

Rammilan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC24 Sept 2025A482/8237/2025

Case brief

AI extract

What is this about?

Application u/s 482 seeking quashal of summoning orders in a 2010 complaint case over criminal charges arising from a disputed Will in which the applicant was only an attesting witness and not a beneficiary. Court viewed it as criminal colour given to a civil dispute, issued notice to opposite party no. 2, and ordered interim stay qua the applicant pending listing in October 2025.

What did the court decide?

Interim stay of proceedings qua applicant till next listing; notice issued to opposite party No. 2.

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

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 8237 of 2025

Rammilan

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. And Another	Home Deptt. Lko.		.....Opposite Party(s)
Counsel for Applicant(s)	: Vinay Kumar, Kumar Singh	Akansha	Pathak, Alok
Counsel for Opposite Party(s)	: G.A.

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Court No. - 11

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HON'BLE SAURABH LAVANIA, J.

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Heard learned counsel for the applicant and Shri Badrul Hasan, 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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"to quash impugned summoning order dated 14.05.2024 and 17.05.2025 passed in Complaint Case No. 297/2010 CNR No. UPBB040 02077 2002 "Lalla Ram Versus Jagdish Prasad and others" under section- 420/467/468/504/506/120B I.P.C. Police Station-Deva, District- Barabanki pending before the learned Additional Chief Judicial Magistrate, Court No.-17, Barabanki, so far as relates to the petitioner, in the interest of justice."

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Prima facie, after considering the record, including the 'Will' dated 21.03.1994 in issue on which 24 persons have put their signatures as attesting witnesses and the applicant is one of them and is not beneficiary of the 'Will' which appears to be got prepared by one Laxmi Narayan, this Court is of the view that to a civil dispute criminal color has been given.

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In view of aforesaid, 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. 2. Steps in this regard

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A482 No. 8237 of 2025

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be taken within seven working days.

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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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As an interim measure, it provided that till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicant.

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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 24, 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

Rammilan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Rammilan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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