Devendra Kumar and Another vs State of U.P. and Another

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 16069 of 2025

Applicant :- Devendra Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharda Prasad Mishra,Subhash Chandra Maurya

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Subhash Chandra Maurya, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. Ram Ji Ojha Advocate, who has put in appearance on behalf of first informant/opposite party-2 by filing his vakalatnama in court today, which is taken on record.

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Perused the record.

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Applicants-Devendra Kumar And Another, who are named as well as charge sheeted accused and have now been summoned by court below, have approached this Court by means of present application under Section 528 BNSS with the following prayer:

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" It is further prayed that this Hon'ble Court may graciously be pleased to quash the impugned cognizance order as well as summoning order dated 22.10.2024 passed by the additional chief judicial Magistrate, Kanpur Nagar and the impugned charge sheet dated 27.06.2024 submitted by the investigating officer arising out of Case Crime No. 0046 of 2024, under section 376, 504, and 506 of I.P.C., Police Station-Gujaini, District-Kanpur Nagar, as well as entire proceeding of case no. 109427 of 2024 arising out of Case Crime No. 0046 of 2024, under section 376, 504, and 506 of I.P.C., Police Station-Gujaini, District-Kanpur Nagar,

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And may further pleased to stay the effect and operation of impugend summoning order dated 22.10.2024 passed by the additional chief judicial Magistrate, Kanpur Nagar and the impugned charge sheet dated 27.06.2024 submitted by the investigating officer arising out of Case Crime No. 0046 of 2024, under section 376, 504, and 506 of I.P.C., Police StationGujaini, District-Kanpur Nagar, as well as entire proceeding of case no. 109427 of 2024 arising out of Case Crime No. 0046 of 2024, under section 376, 504, and 506 of L.P.C., Police Station-Gujaini, District-Kanpur Nagar, during the pendency of instant application before this Hon ble Court.

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And/or pass such other and further order or direction which this Hon'ble Court may deem fit and proper in the interest of justice."

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At the very outset, the learned A.G.A. submits that applicants

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had earlier approached this Court by means of Criminal Misc. Writ Petition No. 3408 of 2024 (Devendra Kumar Vs. State of U.P. and 3 other) and Criminal Misc. Writ Petition No. 4017 of 2024 (Banuram Vs. State of U.P. and 3 others), respectively challenging the F.I.R. dated 21.02.2024 giving rise to present criminal proceedings. In the aforesaid criminal misc. writ petitions, interim orders dated 06.03.2024 and 17.03.2024 were passed by the Division Bench of this Court. For ready reference the above orders are reproduced herein under:-

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"i. CRIMINAL MISC. WRIT PETITION No. - 3408 of 2024

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1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

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2. There is an allegation against the petitioner of committing the offence of rape, criminal intimidation, forcible miscarriage on false promise of marriage after relationship between petitioner and respondent no. 4 for last six years.

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3. Matter requires consideration.

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4. Issue notice to respondent no. 4.

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5. Steps be taken within a week.

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6. All the respondents will file counter affidavit within period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

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7. List thereafter.

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8. Till the next date of listing or till cognizance is taken by court on police report submitted under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the First Information Report dated 21.02.2024, registered as Case Crime No. 0046 of 2024, under Sections- 376, 504, 506 and 313 IPC, Police StationGujaini, District- Kanpur Nagar, subject to cooperation in ongoing investigation.

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Order Date :- 6.3.2024"

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"ii. CRIMINAL MISC. WRIT PETITION No. - 4017 of 2024

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1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

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2. There is an allegation against the petitioner of committing the offence of rape, criminal intimidation, forcible miscarriage on false promise of marriage after relationship between petitioner and respondent no. 4 for last

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six years.

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3. Matter requires consideration.

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4. Issue notice to respondent no. 4.

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5. Steps be taken within a week.

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6. All the respondents will file counter affidavit within period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

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7. List this case thereafter alongwith Criminal Misc. Writ Petition No. 3408 of 2024.

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8. Till the next date of listing or till cognizance is taken by court on police report submitted under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the First Information Report dated 21.02.2024, registered as Case Crime No. 0046 of 2024, under Sections- 376, 504, 506 and 313 IPC, Police StationGujaini, District- Kanpur Nagar, subject to cooperation in ongoing investigation.

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Order Date :- 15.3.2024 "

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It is then contended by the learned A.G.A. that aforementioned criminal misc. writ petitions are still pending before this Court..

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In view of above, it is desirable that this application be heard alongwith aforementioned criminal misc. writ petitions.

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Connect this application alongwith aforementioned criminal misc. writ petitions.

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Matter shall re-appear as fresh alongwith connected matters before appropriate Bench on 22.05.2025 after obtaining an order of nomination from Hon'ble the Chief Justice.

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When the matter is listed next, the details of all the matters shall be duly published in the cause list.

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Order Date :- 15.5.2025 YK

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

Devendra Kumar and Another v. State of U.P. and Another

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