Disposed¶18

Ishu Sonkar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC15 Nov 2025A482/9636/2025

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. application to quash summoning order and complaint case under Section 420 IPC; court finds prima facie civil dispute given criminal colour; relies on Supreme Court precedents (Deepak Gaba, Randheer Singh, etc.); interim stay granted; notice issued.

What did the court decide?

Interim stay of proceedings qua applicant; notice issued to opposite party No.2 returnable at an early date; steps to be taken within three working days; listed thereafter along with service report. ¶18

Ishu Sonkar vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 9636 of 2025

Ishu Sonkar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

¶7

.....Opposite Party(s)

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Counsel for Applicant(s) : Ashish Shukla, O.P. Tiwari Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SAURABH LAVANIA, 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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The present application under Section 482 Cr.P.C. has been filed for the following main relief(s) :-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated 12.09.2024 passed by Learned Chief Judicial Magistrate, District - Unnao and entire proceeding of the complaint case no. 922 of 2021 (Complaint Case No. 17248 of 2021); titled as Raj Kumar versus Ishu Sonkar and others; Under Section 420 I.P.C., Police Station- Gangaghat, District- Unnao, pending in the Court of Learned Chief Judicial Magistrate, District Unnao (Only against the Applicant), contained as Annexure No. I to this application under section-428 Cr.P.C./528 B.N.S.S., in the interest of law and justice."

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Prima faciem from the allegations leveled in the case of the side opposite party, it appears that to a pure civil dispute related to agreement to sale, a criminal colour has been given, which practice has been deprecated by the Hon'ble Apex Court in various judgments including in the case 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)].

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A482 No. 9636 of 2025

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Upon due consideration of the aforesaid, this court is of the view that matter requires consideration.

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Accordingly, issue notice to opposite party No.2 returnable at an early date. Steps to be taken within three working days.

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List thereafter along with service report.

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

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November 15, 2025

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ML/-

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(Saurabh Lavania,J.)

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Ishu Sonkar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Ishu Sonkar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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