Sunil Kumar Verma @ Guddu and Another vs State of… — Cheating and Forgery | Allahabad HC (2025)

Sunil Kumar Verma @ Guddu and Another vs State of… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: further proceedings of Sessions Case No.1101 of 2024 stayed against the appellants alone till the next date of listing (matter listed in the 4th week of September, 2025); notice directed to opposite party no. 2 on steps within one week; opposite parties permitted to file counter affidavit. Final decision on the quashment prayer deferred.

Issue for consideration

Whether the summoning order dated 11.07.2024 passed by the learned Special Judge, S.C./S.T. Act, Barabanki in Sessions Case No.1101 of 2024 ought to be quashed, on the appellants' plea that a first FIR on the same facts had already been lodged on 07.07.2023 and the present prosecution is an abuse of process of law. +1 more

Ratio / Principle

As an interim measure, the further proceedings of Sessions Case No.1101 of 2024 (arising out of Case Crime No.0974/2023) shall remain stayed against the appellants only till the next date of listing; notice is to be issued to opposite party no. 2 upon appropriate steps within one week, counter affidavits are permitted meanwhile, and the matter is listed in the 4th week of September, 2025. No final view was taken on the prayer to quash the summoning order.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Shree Prakash Singh, J. — Criminal Appeal No.2250 of 2025 filed under section 14A(1) of the S.C./S.T. Act by Sunil Kumar Verma @ Guddu and another seeking quashment of the summoning order dated 11.07.2024 passed by the learned Special Judge, S.C./S.T. Act, Barabanki in Sessions Case No.1101 of 2024 (State Vs. Sunil Kumar alias Guddu and others), arising out of Case Crime No.0974/2023, under Sections 406/504/506 IPC read with Section 3(1)(Da)(Dha) & 3(2)(va) S.C./S.T. Act, Police Station Dewa, District Barabanki. Appellants argued that an FIR on the very same facts had been lodged on 07.07.2023 (alleged demand of Rs. 1 lakh and caste-named abuse), that the story prima facie is false and concocted, and that the prosecution is an abuse of process of law; learned AGA opposed but could not dispute that the FIR had again been lodged for the same reason. Held (interim): notice to opposite party no. 2 on steps within one week; matter listed in the 4th week of September, 2025; counter affidavits permitted; and, till the next date of listing, the further proceedings of the Sessions Case shall remain stayed against the appellants only. Final view on quashment reserved.

Court No. - 14

Case :- CRIMINAL APPEAL No. - 2250 of 2025

Appellant :- Sunil Kumar Verma @ Guddu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Ghanshyam Tripathi,Saurabh Srivastava Counsel for Respondent :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the appellants as well as learned AGA for the State and perused the record.

Instant criminal appeal under section14A(1) of the S.C./S.T. Act has been filed with the prayer to quash the summoning order dated 11.07.2024 passed by the learned Special Judge, S.C./S.T. Act, Barabanki in Sessions Case No.1101 of 2024 (State Vs. Sunil Kumar alias Guddu and others), arising out of Case Crime No.0974/2023, under Sections 406/504/506 IPC read with Section 3(1)(Da)(Dha) & 3(2) (va) S.C./S.T. Act lodged at Police Station Dewa, District Barabanki.

It is argued by learned counsel appearing for the appellants that husband of opposite party no. 2 lodged an FIR on 07.07.2023 by alleging that when he demanded Rs. 1 lack from the appellants, he denied the same and has also hurled abuses naming the caste and thereafter, after passing of about four months, the present FIR was lodged alleging the same facts and reason. He submits that once the FIR had already been lodged against the appellants, there was no occasion for the informantopposite party no. 2 to come to the house of the appellants again along with her daughter to ask the alleged amount. He submits that the story, prima facie, is false and concocted and the FIR has been lodged only to mount pressure for the reason best known to the informant. He next submitted that the whole

prosecution is abuse of process of law and it may be quashed.

Learned AGA appearing for the State has opposed the aforesaid contention but he could not dispute the fact that for the same reason the FIR has again been lodged.

The matter requires consideration.

Let notice be issued to the opposite party no. 2, on taking appropriate steps within one week, returnable at an early date.

List/put up this matter in the 4th week of September, 2025.

In the meantime, the opposite parties may file counter affidavit.

Till the next date of listing, the further proceedings of Sessions Case No.1101 of 2024 (State Vs. Sunil Kumar alias Guddu and others), arising out of Case Crime No.0974/2023, under Sections 406/504/506 IPC read with Section 3(1)(Da) (Dha) & 3(2) (va) S.C./S.T. Act lodged at Police Station Dewa, District Barabanki, shall remain stayed against the appellants only.

[Shree Prakash Singh,J.]

Order Date :- 13.8.2025

MVS/-

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench