Sujeet Kumar Shukla and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Allahabad HC25 Jun 2025CRLA/1825/2025

Case brief

AI extract

What is this about?

Interim stay of Session Trial No.3279 of 2023 / Case Crime No.176 of 2023 (Sections 504, 506 IPC; Section 3(1)(da)(dha) SC/ST Act; Section 66 IT Act; PS Gajipur, Lucknow) pending notice and counter affidavit in a quashing challenge alleging a counter-blast FIR against an earlier FIR Crime No.05/2023 (Sections 406, 420, 506 IPC); Allahabad High Court Lucknow Bench, Subhash Chandra Sharma J., order dated 25.6.2025.

What did the court decide?

Interim order only: notice issued to opposite party no.2 (returnable within four weeks) with liberty to file counter and rejoinder affidavits; proceedings of Session Trial No.3279 of 2023 (arising out of Case Crime No.176 of 2023) stayed in the meantime; matter listed after six weeks. No final adjudication on the quashing question. ¶¶10

Sujeet Kumar Shukla and Another vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶¶10

Issue for consideration

Whether the FIR dated 01.05.2023 and the proceedings arising from it — including the charge sheet and the cognizance taken by the learned trial court — constitute a misuse of the process of law and ought to be quashed in their entirety.

¶¶5

Court's answer

Notice to be issued to the opposite party no.2, returnable within four weeks; counter affidavit may be filed in the meantime and rejoinder affidavit within two weeks thereafter; matter to be listed after six weeks.

¶¶7

Key takeaways

As an interim measure, the proceedings of Session Trial No.3279 of 2023 arising out of Case Crime No.176 of 2023 (Sections 504, 506 IPC, Section 3(1)(Da)(Dha) SC/ST Act and Section 66 IT Act, Police Station Gajipur, District Lucknow) shall remain stayed pending further consideration.¶¶10

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Single Judge (Subhash Chandra Sharma, J.), CRIMINAL APPEAL No. 1825 of 2025 — Sujeet Kumar Shukla and another v. State of U.P. and another (Order dated 25.6.2025). Interim order in a challenge to quashing: counsel submitted that an FIR of 03.01.2023 (Crime No.05/2023, Sections 406, 420, 506 IPC) had been met by a counter-blast FIR of 01.05.2023 lodged by accused Jai Pakash under Sections 504, 506 IPC, Section 3(1)(da)(dha) SC/ST Act and Section 66 IT Act, and that the subsequent charge sheet and cognizance by the trial court amounted to misuse of the process of law. The Court issued notice to opposite party no.2 (returnable within four weeks), permitted counter and rejoinder affidavits, and in the meantime stayed the proceedings of Session Trial No.3279 of 2023 (Case Crime No.176 of 2023), Police Station Gajipur, District Lucknow, listing the matter after six weeks. No merits decision was reached at this stage.

Sujeet Kumar Shukla and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

Sujeet Kumar Shukla and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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