Disposed¶18

Ashok Kumar v. State of Up and Another

Allahabad HC18 Dec 2025CRLR/191/2024

Case brief

AI extract

What is this about?

Allahabad High Court; Criminal Revision No. 191 of 2024 (CRLR No. 191 of 2024); Ashok Kumar v. State of U.P. and Another; Justice Kshitij Shailendra; decided December 18, 2025. Keywords: Section 319 CrPC summons; S.T. No. 108 of 2013; cross case S.T. No. 107 of 2013; informant application; investigating officer exoneration; FIR Sl. No. 11; Headmaster Primary School Kanya Mahavirganj; PW-1 and PW-2; interim relief; no coercive action; trial of co-accused to continue; civil dispute status quo; final hearing third week of March 2026.

What did the court decide?

Interim relief granted: no coercive action against the applicant until further orders; revision listed for final hearing in the third week of March, 2026; trial of other co-accused persons not precluded. ¶18

Ashok Kumar vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the summons order dated 20.10.2023, allowing the informant's Section 319 CrPC application and summoning the applicant to face trial in S.T. No. 108 of 2013 without recording satisfaction qua invocation of the power under Section 319 CrPC, deserves to be set aside. +1 more

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Court's answer

Considering the submissions made, a prima facie case for grant of interim relief stands made out (final adjudication of the revision deferred).

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Ratio / Principle

Until further orders of this Court, no coercive action shall be taken against the applicant in the aforesaid case (S.T. No. 108 of 2013).

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Key takeaways

Pendency of the present revision and grant of the interim order shall not preclude the trial court from proceeding with the trial of the concerned case against other co-accused persons, in case there is no factual or legal impediment.ratio¶20

Detailed headnote1 paragraphs

Criminal Revision (interim relief) - summons under Section 319 CrPC. Revisionist Ashok Kumar, Headmaster of Primary School, Kanya Mahavirganj, exonerated by the investigating officer despite his name at Sl. No. 11 in the FIR, was nonetheless summoned by order dated 20.10.2023 of the Sessions Court to face trial in S.T. No. 108 of 2013 following an application by the informant under Section 319 CrPC referencing cross case S.T. No. 107 of 2013. Counsel contended the application was allowed without recording satisfaction qua invocation of the Section 319 CrPC power, relying only on statements of PW-1 and PW-2, and that a civil dispute (with a status quo order) over the way leading to the institution was being given the shape of a criminal case. Finding a prima facie case for interim relief, the High Court (Kshitij Shailendra, J.) ordered that, until further orders, no coercive action be taken against the applicant, made clear that the trial of other co-accused persons may proceed, and listed the revision for final hearing in the third week of March, 2026. Decision dated December 18, 2025; substantive question left open.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 191 of 2024

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Ashok Kumar

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.....Revisionist(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Revisionist(s) : Mithilesh Kumar Shukla, Sudhir Kumar Shukla Counsel for Opposite Party(s) : Anil Kumar Pandey, G.A.

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Court No. - 76

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HON'BLE KSHITIJ SHAILENDRA, J.

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Heard learned counsel for the applicant and learned AGA for the State.

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This revision is directed against the order dated 20.10.2023, whereby the applicant has been summoned to face trial in S.T. No. 108 of 2013 on an application filed by the informant under Section 319 CrPC, that has been allowed.

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Learned counsel for the applicant submits that the applicant is Headmaster of an educational institution, namely, Primary School, Kanya Mahavirganj and though FIR was lodged against various persons, wherein the name of the applicant was indicated at Sl. No. 11, the investigating officer found no involvement of the applicant and, therefore, exonerated him along with few other persons. Later on, an application was filed by informant under Section 319 CrPC giving reference of a cross case concerning which S.T. No. 107 of 2013 is pending and, on that basis, prayer was made to summon the applicant.

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Further contention is that the Sessions Court has allowed the application without recording any satisfaction qua invocation of power under Section 319 CrPC in ignorance of the ratio laid down in various decisions of the Hon'ble Supreme Court and since the applicant has been summoned only on the ground that PW-1 and PW-2 had stated his involvement along with other persons, the order impugned deserves to be set aside.

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CRLR No. 191 of 2024

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Further submission has been made that that regarding the way leading to the educational institution, a dispute of civil nature is pending and in civil proceedings, order of status quo was also passed and, therefore, a civil dispute is being given the shape of criminal case.

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Matter requires consideration.

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Opposite party no. 2 is already represented by learned counsel.

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Considering the submissions made, a prima facie case for grant of interim relief stands made out.

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Until further orders of this Court, it is provided that no coercive action shall be taken against the applicant in the aforesaid case.

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List this revision for final hearing in third week of March, 2026 .

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It is made clear that pendency of the present revision and grant of interim order shall not preclude the trial court to proceed with the trial of the concerned case against other co-accused persons, in case there is no factual or legal impediment in doing so.

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(Kshitij Shailendra,J.)

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December 18, 2025

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AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

Ashok Kumar v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Up and Another

Case brief

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