Saurabh Singh and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Saurabh Singh and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay, until further orders, of further proceedings against the applicants limited to Sections 3(1)(da) and 3(1)(dha) of the S.C./S.T. Act; proceedings under Sections 323, 504 and 354 I.P.C. to continue as per law; case listed on 15.10.2025 with both parties directed to exchange their respective affidavits, if any, in the meantime; final disposal of the quashing prayer deferred.

Issue for consideration

Whether the impugned Summoning order dated 06/01/2025 in Criminal Complaint Case No. 717 of 2024 should be quashed and further proceedings against the applicants stayed, via the Court's inherent jurisdiction under Section 528 BNSS. +1 more

Court's answer

Until further orders of this Court, further proceedings against the present applicants, so far as they relate to Sections 3(1)(da) and 3(1)(dha) of the S.C./S.T. Act, shall remain stayed.

Ratio / Principle

Further proceedings against the applicants in the remaining sections, i.e., 323, 504 and 354 I.P.C., shall continue as per law.

Key takeaways

Prima facie, the matter requires consideration so far as it relates to the S.C./S.T. Act (the stated basis for limiting the interim stay to the SC/ST Act provisions).ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Dinesh Pathak, J.), Application U/S 528 BNSS No. 26815 of 2025 (Saurabh Singh And 4 Others v. State of U.P. and Another), order dated 22.8.2025: On a petition under Section 528 B.N.S.S. for quashing the Summoning order dated 06/01/2025 in Criminal Complaint Case No. 717 of 2024 (Sections 323, 504, 354 I.P.C. and Sections 3(1)(da), 3(1)(dha) SC/ST Act; Police Station- Lanka, District Varanasi; pending before Special Judge (SC/ST Act, Varanasi)), the Court held that, prima facie, the matter requires consideration so far as it relates to the S.C./S.T. Act, and stayed until further orders the further proceedings against the applicants limited to Sections 3(1)(da) and 3(1)(dha) of the S.C./S.T. Act, while making clear that proceedings in the remaining Sections (323, 504 and 354 I.P.C.) shall continue as per law. Case listed for 15.10.2025; parties directed to exchange affidavits meanwhile. Applicant-side submissions included non-support of the caste-slur averment in the complainant's statement u/s 200 Cr.P.C. dated 14.03.2024, absence of 'public view' at the complainant's residence, and characterisation of the complaint as a counterblast to F.I.R. Case Crime No. 0289 of 2023 lodged by applicant no.5 against O.P. No.2.

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 26815 of 2025

Applicant :- Saurabh Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girja Shanker Mishra,Iftekhar Ahmad,Pratiksha Rai Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Pathak,J.

Learned A.G.A. has filed copy of compliance affidavit, today in Court, which is taken on record.

As per the compliance affidavit, notice is personally served upon opposite party No. 2, who is represented through counsel.

Shri Shailesh Kumar Tripathi, learned Advocate has filed his memo of appearance and counter affidavit on behalf of opposite party no.2, today in court, which is taken on record.

Office is directed to proceed accordingly and print his name as the counsel for opposite party no.2.

Heard learned counsel for the applicants, learned counsel for the opposite party No.2 as well as learned A.G.A. for the State.

Applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the impugned Summoning order dated 06/01/2025 in Criminal Complaint Case No. 717 of 2024 under Sections 323, 504, 354 I.P.C. and 3(1) (da), 3(1) (dha) SC/ST Act registered at Police Station- Lanka, DistrictVaranasi pending in the court of Special Judge (SC/ST Act, Varanasi), and stay the further proceedings against the applicants in the above mentioned case.

It is submitted that in paragraph no.8 of the complaint, complainant has made allegation against the present applicants for utterance of caste-based slurs at his residence on 21.07.2023, at about 9:30 PM. However, said averment has not been supported by the complainant in his statement recorded u/s 200 Cr.P.C. dated 14.03.2024. It is next submitted that learned Magistrate has passed the summoning order in a perfunctory manner without properly examining the allegation as made in the complaint, in the light of the statements recorded u/s 200 and 202 Cr.P.C. Assuming

arguendo that the incident took place at the residence of the complainant, same cannot be regarded as a place within 'public view'. There is nothing on the record to suggest that complainant has been subjected to atrocity and intentional insult because of his caste being a person belonging to the SC/ST community. Learned counsel for the applicants has laid emphasis on the previous F.I.R., being Case Crime No. 0289 of 2023 dated 22.07.2023, lodged by applicant no.5 against O.P. No.2. In counterblast to the aforesaid F.I.R, a false and malicious prosecution has been instituted by O.P. No.2. It is next submitted that by any stretch of imagination, no case is made out against the present applicants under the SC/ST Act.

Prima facie, matter requires consideration, so far as it relates to S.C./S.T. Act.

List this case on 15.10.2025 . In the meantime, both the parties shall exchange their respective affidavits, if any.

Until further orders of this court, further proceedings against the present applicants, so far as it relates to Section 3(1) (da), 3(1) (dha) of S.C./S.T. Act, shall remain stayed.

However, it is made clear that further proceedings against the applicants in remaining Sections i.e. 323, 504 and 354 I.P.C. shall continue, as per law.

Order Date :- 22.8.2025 Sumit K.

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