Krishna Kumar @ Krishna Kumar Mishra and 2 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Krishna Kumar @ Krishna Kumar Mishra and 2 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: notice issued to Opposite Party No.4 returnable within four weeks; further proceedings of Criminal Case No.177 of 2025 stayed till the next date of listing; matter listed fresh after four weeks. The appeal itself remains pending (counter affidavit awaited).

Issue for consideration

Whether the charge sheet dated 23.07.2023 and the summoning order dated 12.02.2025 in Criminal Case No.177 of 2025 (State vs. Krishna Kumar Mishra & Ors.) arising out of Case Crime No.207 of 2023, P.S. Kherighat, District Bahraich, should be quashed/set aside, given that the encroachment on Gata No.1073 had already been removed on 02.06.2023 pursuant to this Court's order dated 12.09.2019 in P.I.L. Civil No.24630 of 2019, leaving, prima facie, no occasion for the appellants to set ablaze the hut of Opposite Party No.4 on the night of 01/2.06.2023.

Court's answer

Prima facie, the encroachment on Gata No.1073 of village Narottampur had been removed pursuant to the order dated 12.09.2019 in P.I.L. Civil No.24630 of 2019; once the entire land was made encroachment-free on 02.06.2023, there was no occasion for the appellants to have set ablaze the hut of Opposite Party No.4 on the night of 01/2.06.2023. On this prima facie view, the Court found the matter to require consideration.

Ratio / Principle

As an interim measure, notice was ordered to be issued to Opposite Party No.4 returnable within four weeks, and till the next date of listing (matter to be listed fresh after four weeks), further proceedings of Criminal Case No.177 of 2025 (State vs. Krishna Kumar Mishra & Ors.), arising out of Case Crime No.207 of 2023, under sections 323,325,452,436,504, 506 IPC and Sections 3(1)(d), 3(1)(dha), 3(2)(v) SC/ST Act, pending before the learned Special Judge SC/ST Act, Bahraich, were ordered to remain stayed.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Manjive Shukla, J.; Criminal Appeal No.3201 of 2025; decision October 9, 2025 (interim order). Appellants Krishna Kumar @ Krishna Kumar Mishra and 2 others seek quashing of the charge sheet dated 23.07.2023 and setting aside of the summoning order dated 12.02.2025 passed by the learned Special Judge SC/ST Act, Bahraich, in Criminal Case No.177 of 2025 (State vs. Krishna Kumar Mishra & Ors.) arising out of Case Crime No.207 of 2023, P.S. Kherighat, District Bahraich, under sections 323,325,452,436,504, 506 IPC and Sections 3(1)(d), 3(1)(dha), 3(2)(v) SC/ST Act. Ground: encroachment on Gata No.1073 of village Narottampur was removed on 02.06.2023 in compliance with the Court's order dated 12.09.2019 in P.I.L. Civil No.24630 of 2019, hence the hut of Opposite Party No.4 could not have been set ablaze by them on the night of 01/2.06.2023, and the criminal case was lodged out of sheer vengeance. The Court prima facie accepted this reasoning ('Matter requires consideration'), issued notice to Opposite Party No.4 returnable within four weeks, and stayed further proceedings of Criminal Case No.177 of 2025 till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 3201 of 2025

Krishna Kumar @ Krishna Kumar Mishra And 2 Others

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others

.....Respondent(s)

Counsel for Appellant(s) : Garima Singh, Harshit Singh Counsel for Respondent(s) : G.A.

Court No. - 27

HON'BLE MANJIVE SHUKLA, J.

Supplementary affidavit filed today is taken on record.

Heard Sri Harshit Singh learned counsel for the appellants and learned Additional Government Advocate appearing for the State.

The captioned criminal appeal has been filed, inter alia praying therein for the following reliefs:-

"a. allow this appeal.

b. Quash the impugned charge sheet dated 23.07.2023, under sections 323,325,452,436,504, 506 IPC and Sections 3(1)(d), 3(1)(dha), 3(2)(v) SC/ST Act, against the appellants (Contained in Annexure no.2 to this criminal appeal).

c. set aside the impugned summoning order dated 12.02.2025 passed by the learned Special Judge SC/ST Act, Bahraich under sections 323,325,452,436,504, 506 IPC and Sections 3(1)(d), 3(1)(dha), 3(2)(v) SC/ST Act, in Criminal Case No.177 of 2025 (State vs. Krishna Kumar Mishra & Ors.) arising out of Case Crime No.207 of 2023, P.S. Kherighat, District Bahraich (Contained in Annexure no.3 to this criminal appeal)"

CRLA No. 3201 of 2025

2

It has been contended on behalf of the appellants that the Appellant No.1 filed P.I.L. Civil No.24630 of 2019 with a prayer that the encroachment lying on Gram Sabha land i.e. G ata No.1073 of village Narottampur, Pargana Nanpara, Tehsil Mashi, District Bahraich, be removed. This Court passed an order on 12.09.2019 in the said P.I.L. and directed the authorities to do needful in the matter.

In compliance of this Court's order dated 12.09.2019 passed in P.I.L. Civil No.24630 of 2019, encroachment made on Gata No.1073 was removed on 02.06.2023.

Learned counsel for the appellants has argued that once in compliance of order passed by this Court, encroachment on Gata No.1073 had been removed on 02.06.2023, then there was no occasion for anyone to set at blaze the hut of Opposite Party No.4 allegedly situated at the Gata No.1073. It has further been argued that since encroachment of Opposite Party No.4 had been removed pursuant to judicial proceedings, therefore, out of sheer vengeance the criminal case had been lodged against the appellants.

Learned A.G.A for the State prays for time to file counter affidavit in this matter.

I have considered the arguments advanced by the learned counsel for the appellants and prima facie, I find that encroachment lying on Gata No.1073 of village Narottampur, Pargana Nanpara, Tehsil Mashi, District Bahraich had been removed pursuant to order dated 12.09.2019 passed in P.I.L. Civil No.24630 of 2019. Once the entire land of Gata No.1073 was made encroachment free on 02.06.2023, there was no occasion that the hut of Opposite Party No. 4 has been set at blaze by the appellants in the night of 01/2.06.2023.

Matter requires consideration.

Let notice be issued to Opposite Party No.4, returnable within four weeks.

11. List this matter after four weeks, as fresh.

CRLA No. 3201 of 2025

3

Till the next date of listing, further proceedings of Criminal Case No.177 of 2025 (State vs. Krishna Kumar Mishra & Ors.), arising out of Case Crime No.207 of 2023, under sections 323,325,452,436,504, 506 IPC and Sections 3(1)(d), 3(1)(dha), 3(2)(v) SC/ST Act, P.S. Kherighat, District Bahraich, pending in the court of learned Special Judge SC/ST Act, Bahraich, shall remain stayed.

(Manjive Shukla,J.)

October 9, 2025

Renu/-

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench