Mangal Alias Prince Kumar Gaumat and 3 Others vs… — Cheating and Forgery | Allahabad HC (2025)

Mangal Alias Prince Kumar Gaumat and 3 Others vs… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: notice issued to respondent no. 2 through C.J.M. concerned, returnable at an early date; A.G.A. and respondent no. 2 permitted to file counter affidavits within three weeks; rejoinder within one week thereafter; case listed after eight weeks; further proceedings of Case No. 2 of 2019 stayed against the applicants until further orders. Quashing prayer not finally decided.

Issue for consideration

Whether the entire proceedings in Case No. 2 of 2019 (State v. Shikha Gautam and others), arising out of Case Crime No.578 of 2018 under Sections 323, 504, 506 IPC, P.S. Ajitmal, District Auraiya, and the cognizance/summoning order dated 23.12.2019 should be quashed under Section 528 BNSS.

Ratio / Principle

Prima facie, the matter requires consideration; accordingly notice was directed to be issued to respondent no. 2 through the C.J.M. concerned, returnable at an early date.

Key takeaways

Until further orders, further proceedings of Case No. 2 of 2019 shall remain stayed against the applicants.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application u/s 528 BNSS No. 10810 of 2025, order dated 5.4.2025: Applicants sought quashing of the entire proceedings in Case No. 2 of 2019 (State v. Shikha Gautam and others), arising out of Case Crime No.578 of 2018 under Sections 323, 504, 506 IPC, P.S. Ajitmal, District Auraiya, together with the cognizance/summoning order dated 23.12.2019 of the Civil Judge (JD), FTC, Auraiya. Contention: FIR dated 14.07.2018 (lodged on a s.156(3) Cr.P.C. application) is false, frivolous and a counter-blast to Case No. 99 of 2017 registered on 22.2.2017 under Sections 376, 420, 506 IPC read with Section 3/4 D.P. Act; no charge sheet under ss.452/354/394 IPC and no medical report. Finding prima facie merit, the Court issued notice to respondent no. 2 through the C.J.M., fixed counters (three weeks) and rejoinder (one week), listed the matter after eight weeks, and stayed further proceedings against the applicants until further orders.

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 10810 of 2025

Applicant :- Mangal Alias Prince Kumar Gaumat And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Ashok Kumar Singh, learned counsel for the applicants and Sri Chhavipal Singh, learned A.G.A. for the State are present.

The present application u/s 528 of BNSS has been filed with prayer to quash the entire proceedings of Case No. 2 of 2019 (State v. Shikha Gautam and others), arising out of Case Crime No.578 of 2018, under Sections 323, 504, 506 of IPC, P.S. Ajitmal, District Auraiya, as well as cognizance/summoning order dated 23.12.2019, pending in the Court of Civil Judge (JD), FTC, Auraiya.

Learned counsel for the applicants submitted that impugned First Information Report dated 14.07.2018 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that impugned FIR has been lodged on the basis of application 156(3) of Cr.P.C. It is further submitted that the charge sheet has not been submitted under Section 452, 354 and 394 of IPC, in which the FIR was also lodged. It is further submitted that the there is no medical report to substantiate the allegation of the FIR. It is further submitted that the impugned FIR has been lodged as a counter Blast Case No. arising 99 of 2017, which was registered on 22.2.2017, under Section 376, 420, 506 of IPC and Section 3/4 D.P. Act.

Prima facie , Matter requires consideration.

Notice on behalf of respondent no. 1 has been accepted by learned A.G.A.

Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date.

Learned A.G.A. as well as respondent no. 2 may file their counter affidavits within three weeks.

Rejoinder affidavit may thereafter be filed within one week.

List this case after eight weeks.

Until further orders, further proceedings of aforesaid case shall remain stayed against the applicants.

Order Date :- 5.4.2025 Akram

Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad