Hanumant Kumar Gupta Alias Hanumant Kumar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Hanumant Kumar Gupta Alias Hanumant Kumar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the orders dated 31.01.2025 passed by the Special Judge (SC/ST Act), Sant Kabir Nagar (dismissing the discharge application, framing charges against the appellant and summoning the prosecution witnesses) in Special Session Trial No. 539 of 2019, and the proceedings arising therefrom, should be quashed.

Court's answer

On perusal of the record, the Court found that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support to frame the charges against the appellant.

Ratio / Principle

In view of the foregoing, the prayer for quashing the entire proceeding stands refused.

Key takeaways

If the appellant appears before the court below within 30 days and applies for bail, the bail application shall be heard and disposed of in accordance with law; no specific direction need be issued by this Court, as the court concerned is expected to take into consideration the necessary guidelines already issued by the Apex Court.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Shekhar Kumar Yadav, J.) — CRIMINAL APPEAL No. 4208 of 2025 [Neutral Citation 2025:AHC:139418], Order Date 14.08.2025 — Filed by Hanumant Kumar Gupta Alias Hanumant Kumar seeking quashing of three orders dated 31.01.2025 passed by the Special Judge (SC/ST Act), Sant Kabir Nagar in Special Session Trial No. 539 of 2019, arising out of case crime No. 334 of 2019 (Police Station Khalilabad, District Sant Kabir Nagar; FIR under sections 323, 504, 506 IPC and section 3(1)(Da), 3(1)(Dha) of SC/ST Act), namely: dismissal of the appellant's discharge application, framing of charges against the appellant, and summoning of the prosecution witnesses. Held: the allegations in the first information report disclose commission of a cognizable offence and have found support to frame the charges; consequently, the prayer for quashing the entire proceeding was refused. The application was disposed of with the observation that if the appellant appears before the court below within 30 days and applies for bail, the bail application shall be heard and disposed of in accordance with law, the court concerned being expected to take into consideration the guidelines already issued by the Apex Court; no specific direction was issued.

Neutral Citation No. - 2025:AHC:139418

Court No. - 83

Case :- CRIMINAL APPEAL No. - 4208 of 2025

Appellant :- Hanumant Kumar Gupta Alias Hanumant Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Jitendra Singh Yadav Counsel for Respondent :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the appellant, learned A.G.A. for the State, Sri Rama Shankar Mishra, learned counsel for respondent No. 2 and perused the record.

This application has been filed for quashing of the order dated 31.01.2025 dismissing the discharge application of appellant, order dated 31.01.2025 framing charges against the appellant and order dated 31.01.2025 summoning the prosecution witnesses passed by the Special Judge (SC/ST Act), Sant Kabir Nagar in Special Session Trial No. 539 of 2019 arising out of case crime No. 334 of 2019, under sections 323, 504, 506 IPC and section 3(1)(Da), 3(1) (Dha) of SC/ST Act, Police Station Khalilabad, District Sant Kabir Nagar

On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support to frame the charges against the appellant. Therefore, prayer for quashing the entire proceeding stand refused.

At this stage, in case appellant appears before the court below within 30 days from today and applies for bail, the same shall be heard and disposed of in accordance with law, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.

With the aforesaid observations, the application is disposed off.

Order Date :- 14.8.2025 RPD

Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad