Om Prakash Patel vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Om Prakash Patel vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the chargesheet dated 05.05.2018, the cognizance/summoning order dated 08.05.2018 and the order of framing charge dated 02.04.2019, along with the entire criminal proceedings of Session Trial No.117 of 2019 (State Vs. Om Prakash Patel), pending before Additional District Judge/F.T.C.-II, Varanasi.

Issue for consideration

Whether the chargesheet dated 05.05.2018, the cognizance/summoning order dated 08.05.2018, the order of framing charge dated 02.04.2019 and the entire criminal proceedings of Session Trial No.117 of 2019 against applicant Om Prakash Patel should be quashed, given that proceedings against his son/co-accused Rahul Patel had already been quashed and the applicant sought parity.

Court's answer

In light of the coordinate bench order dated 29.05.2025 (which quashed the proceedings against co-accused Rahul Patel) and the fact that the applicant is the father of the co-accused, the chargesheet dated 05.05.2018, the cognizance/summoning order dated 08.05.2018, the order of framing charge dated 02.04.2019 and the entire criminal proceedings of Session Trial No.117 of 2019 are quashed against the applicant.

Ratio / Principle

The instant application is accordingly allowed.

Detailed headnote1 paragraphs

Criminal Law — quashing of proceedings — Application U/S 528 BNSS No. 28253 of 2025 (Om Prakash Patel v. State of U.P. and Another), Allahabad High Court (Saurabh Srivastava, J., single member), judgment dated November 25, 2025: chargesheet dated 05.05.2018, cognizance/summoning order dated 08.05.2018, order of framing charge dated 02.04.2019 and entire proceedings of Session Trial No.117 of 2019 (State v. Om Prakash Patel), arising out of Case Crime No.129 of 2018 under Sections 363, 366, 120-B IPC, P.S.-Shivpur, Varanasi, pending before Additional District Judge/F.T.C.-II, Varanasi, quashed against the applicant. Ground: parity with the coordinate bench order dated 29.05.2025 (Application U/S 528 BNSS No.18053 of 2025, Rahul Patel v. State of U.P. and 3 others) whereby proceedings against the co-accused/main accused Rahul Patel — the applicant's son, who married the victim and lives with her and their two children — had already been quashed; the AGA did not dispute that fact. Application allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 28253 of 2025

Om Prakash Patel

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s) Counsel for Opposite Party(s)	: Rajkumar Verma : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Rajkumar Verma, learned counsel for applicant and learned AGA.

Present application has been preferred with the prayer to quash the chargesheet dated 05.05.2018 and cognizance/summoning order dated 08.05.2018 along with entire criminal proceedings of Session Trial No.117 of 2019 (State Vs. Om Prakash Patel), arising out of Case Crime No.129 of 2018, under Sections 363, 366, 120-B IPC, P.S.-Shivpur, District Varanasi, pending in the court of learned Additional District Judge/F.T.C.-II, Varanasi.

At the very outset, learned counsel for applicant sought attention of the Court towards order dated 29.05.2025 passed by Coordinate Bench of this Court on Application U/S 528 BNSS No.18053 of 2025 (Rahul Patel Vs. State of U.P. and 3 others) preferred at the behest of co-accused and submitted that entire proceedings of the said case pending against coaccused, has already been quashed. Learned counsel for applicant further submitted that applicant herein is father of the co-accused who already got married with the victim and both are living happily with their two children. Learned counsel for applicant is seeking parity with the order dated 29.05.2025 passed by Coordinate Bench of this Court on Application U/S 528 BNSS No.18053 of 2025.

Although learned AGA opposed the prayer sought through the instant application but did not dispute the fact that the entire proceedings pending against main accused, namely, Rahul Patel have already been quashed by Coordinate Bench of this Court vide order dated 29.05.2025 passed in Application U/S 528 BNSS No.18053 of 2025 (Rahul Patel Vs. State of U.P. and 3 others).

NA528 No. 28253 of 2025

2

In light of the order dated 29.05.2025 as well as the fact that applicant herein is the father of co-accused, chargesheet dated 05.05.2018, cognizance/summoning order dated 08.05.2018 and order of framing charge dated 02.04.2019 along with entire criminal proceedings of Session Trial No.117 of 2019 (State Vs. Om Prakash Patel), arising out of Case Crime No.129 of 2018, under Sections 363, 366, 120-B IPC, P.S.-Shivpur, District Varanasi, pending in the court of learned Additional District Judge/F.T.C.-II, Varanasi, are hereby quashed against applicant herein.

Accordingly, the instant application is allowed .

November 25, 2025 Vivek Kr.

(Saurabh Srivastava,J.)

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