Deeksha Gangwar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Deeksha Gangwar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection only: supplementary affidavit taken on record; notice issued to opposite party no.2 returnable at an early date; case listed fresh for 25.09.2025 within top 20 cases; till the next date of listing no coercive action shall be taken against the applicant in Case No. 341/18/11 arising out of Case Crime No. 800 of 2017 (S. 188 IPC, P.S. Milak, Rampur); report called from the Presiding Officer on cognizance/summoning dates. Final consideration of the quashing prayer deferred.

Issue for consideration

Whether the criminal proceedings against the applicant in Case No. 341/18/11 (State v. Deeksha Gangwar), arising out of Case Crime No. 800 of 2017, under Section 188 IPC, Police Station Milak, District Rampur, are liable to be quashed as an abuse of the process of the Court, no cognizance or summoning order having been passed.

Court's answer

As an interim direction, till the next date of listing (fixed as 25.09.2025), no coercive action shall be taken against the applicant in Case No. 341/18/11 (State v. Deeksha Gangwar), arising out of Case Crime No. 800 of 2017, under Section 188 IPC, Police Station Milak, District Rampur, pending in the court of Additional Civil Judge (S.D.)-II, Rampur.

Ratio / Principle

A report was called from the Presiding Officer of the concerned court as to on which date cognizance was taken and the summoning order was passed, the report to be available by the next date.

Detailed headnote1 paragraphs

Interim order dated 26.08.2025 of the High Court of Judicature at Allahabad (Hon'ble Raj Beer Singh, J.) in Application U/S 528 BNSS No. 18990 of 2025, Deeksha Gangwar v. State of U.P. and Another. Supplementary affidavit taken on record; Court heard counsel for the applicant and the learned A.G.A. Applicant's grievance (through counsel): after submission of the charge sheet, the learned A.C.J.M., Rampur registered the case as a miscellaneous case and repeatedly issued notice to the Investigating Officer, keeping it pending for several years; on 10.10.2023 the Investigating Officer's statement was recorded and bailable warrants were issued against the applicant although no cognizance or summoning order had been passed; the proceedings were submitted to be an abuse of the process of the Court and liable to be quashed. Finding the matter requires consideration, the Court issued notice to opposite party no.2, listed the case fresh for 25.09.2025 (within top 20 cases), and directed that till the next date of listing no coercive action shall be taken against the applicant in Case No. 341/18/11 (State v. Deeksha Gangwar), arising out of Case Crime No. 800 of 2017, under Section 188 IPC, Police Station Milak, District Rampur, pending before the Additional Civil Judge (S.D.)-II, Rampur. A report was also called from the Presiding Officer of the concerned court as to the dates on which cognizance was taken and the summoning order passed.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18990 of 2025

Deeksha Gangwar

.....Applicant(s)

V	ersus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Praneet Kumar Utkarsh Singh, Kumar Kori	Srivastava, Virendra
Counsel for Opposite Party(s)	: G.A.

Court No. - 71

HON'BLE RAJ BEER SINGH, J.

Supplementary affidavit filed by learned counsel for the applicant, in Court today, is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for applicant submitted that in this case after submission of charge sheet, learned A.C.J.M., Rampur has registered the same as misc. case and notice was issued to the Investigating Officer and after that the matter was kept pending for several years by passing similar order that notice be issued to the Investigating Officer. It was pointed out that on 10.10.2023 statement of the Investigating Officer was recorded and bailable warrants were issued against applicant. It was pointed out that no cognizance or summoning order has been passed and the impugned proceedings are being conducted against the provisions of law. Referring to facts of the matter, it was submitted that impugned proceedings are abuse of the process of Court and thus, liable to be quashed.

Matter requires consideration.

Issue notice to the opposite party no.2, returnable at an early date.

NA528 No. 18990 of 2025

2

Put up this case on 25.09.2025 , as fresh within top 20 cases.

It is directed that till the next date of listing, no coercive action shall be taken against the applicant in Case No. 341/18/11 (State Vs. Deeksha Gangwar), arising out of Case Crime No. 800 of 2017, under Section - 188 I.P.C., Police Station - Milak, District - Rampur, pending in the court of Additional Civil Judge (S.D.)-II, Rampur.

A report be also called from the Presiding Officer of the concerned court, as to on which date, the cognizance was taken and summoning order was passed. The report shall be called by the next date.

August 26, 2025 S Rawat

(Raj Beer Singh,J.)

Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad