Dinesh @ Matru Nishad and 5 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko and Another — Allahabad HC (2025) — LawSathi Research

Dinesh @ Matru Nishad and 5 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: notice issued to Opposite Party No. 2, returnable within six weeks; matter to be listed fresh on 06.01.2026; till the next date of listing, further proceedings of S.C./S.T. Case No. 153 of 2025, State versus Dinesh @ Matru Nishad and others, shall remain stayed.

Issue for consideration

Whether the F.I.R. registered against the appellants on the application filed by Opposite Party No. 2 under Section 175(4) B.N.S.S. 2023 was lodged with mala-fide intentions. +1 more

Court's answer

On a prima facie consideration, the Court found force in the appellants' argument that the F.I.R. in question was lodged with mala-fide intentions, and held that the matter required consideration.

Ratio / Principle

Further proceedings of S.C./S.T. Case No. 153 of 2025, pending before the learned Special Judge S.C./S.T. Act, Ambedkar Nagar, were ordered to remain stayed until the next date of listing.

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Allahabad (Lucknow Bench), Manjive Shukla, J., in Criminal Appeal No. 3584 of 2025 (Dinesh @ Matru Nishad and 5 Others v. State of U.P. and Another), dated November 6, 2025. The appellants, who figure as witnesses in an F.I.R. against Opposite Party No. 2 arising from an accident in which one lady was hit by his motorcycle, contended that Opposite Party No. 2, to pressurize Appellant No. 1, filed an application under Section 175(4) B.N.S.S. 2023 on whose basis an F.I.R. was registered against them with mala-fide intentions. Finding prima facie force in the contention, the Court directed that the matter required consideration, issued notice to Opposite Party No. 2 returnable within six weeks, listed the matter fresh on 06.01.2026, and stayed, till the next date of listing, further proceedings of S.C./S.T. Case No. 153 of 2025 (State v. Dinesh @ Matru Nishad and others), arising out of Case Crime No. 21 of 2025, registered under Sections 191(2), 115(2), 352, 351(3), 324(4) B.N.S. and Sections 3(1)(da), 3(1)(dha) and 3(2)(va) of the S.C./S.T. Act, Police Station Jaitput, District Ambedkar Nagar, pending before the Special Judge, S.C./S.T. Act, Ambedkar Nagar.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 3584 of 2025

Dinesh @ Matru Nishad And 5 Others

.....Appellant(s)

Versus

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

.....Respondent(s)

Counsel for Appellant(s) Counsel for Respondent(s)	: Nijam Ahamad : G.A.

Court No. - 27

HON'BLE MANJIVE SHUKLA, J.

Heard Shri Nijam Ahmad, learned counsel for the appellants and learned Additional Government Advocate appearing for the State.

It has been contended that on behalf of the appellants that an accident took place in which one lady got hit by the motorcycle of Opposite Party No. 2, which resulted in an F.I.R. against Opposite Party No. 2 in which Appellant No. 1 is a witness.

It has further been contended that just too pressurize Appellant No. 1, Opposite Party No.2 had filed an application under Section 175 (4) B.N.S.S. 2023 and on that basis F.I.R. had been registered against the appellants.

Learned counsel appearing for the appellants has argued that the facts of the case, in categorical terms, demonstrate that the Opposite Party No. 2 had lodged the F.I.R. in question with mala-fide intentions.

Learned Additional Government Advocate appearing for the State prays for time to file a counter affidavit in this matter.

I have considered the arguments advanced by the learned counsel appearing for the appellants and prima facie, I have find force in his argument.

Matter requires consideration.

CRLA No. 3584 of 2025

2

Let a notice be issued to Opposite Party No. 2, returnable within six weeks.

List this matter after six weeks on 06.01.2026, as fresh.

Till the next date of listing, further proceedings of S.C./S.T. Case No. 153 of 2025, State versus Dinesh @ Matru Nishad and others, arising out of Case Crime No. 21 of 2025, registered under Sections 191 (2), 115(2), 352, 351(3), 324(4) B.N.S. and Sections 3(1)(da), 3(1)(dha) & 3(2)(va) of the S.C./S.T. Act, Police Station Jaitput, District Ambedkar Nagar, pending in the court of learned Special Judge S.C./S.T. Act, Ambedkar Nagar, shall remain stayed.

(Manjive Shukla,J.)

November 6, 2025

Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench