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

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

What the court decided

AI extract

Outcome

Interim orders only; final adjudication of the quashing request deferred. Relief operative today: (i) interim stay — till the next date of listing, further proceedings of Case No.150 of 2023 (State vs. Ram Gopal and Others), arising out of Case Crime No.11 of 2022, under Sections 323, 504, 506 I.P.C., P.S. Mauranipur, District Jhansi, pending before the Judicial Magistrate, Mauranipur, Jhansi, shall remain stayed against the applicant; (ii) notice to be issued to opposite party no.2, returnable at an early date; (iii) opposite parties may file counter affidavit within four weeks; (iv) case listed on 04.12.2025.

Issue for consideration

Whether the impugned criminal proceedings against the applicant (Case No.150 of 2023, arising out of Case Crime No.11 of 2022, under Sections 323, 504, 506 I.P.C., P.S. Mauranipur, District Jhansi, pending before the Judicial Magistrate, Mauranipur, Jhansi) are malicious and liable to be quashed, as urged by counsel citing the alleged FIR-lodging delay. Adjudication was deferred by the court ('Matter requires consideration'); notice has been issued to opposite party no.2 and a counter affidavit is awaited, so this issue remains open.

Court's answer

The court ordered issue of notice to opposite party no.2, returnable at an early date, as the first step towards adjudication of the quashing request.

Ratio / Principle

The opposite parties were permitted to file their counter affidavit within four weeks.

Key takeaways

The case was listed for further hearing on 04.12.2025.ratio¶15
As interim relief pending adjudication, until the next date of listing (04.12.2025) the further proceedings of Case No.150 of 2023 (State vs. Ram Gopal and Others), arising out of Case Crime No.11 of 2022, under Sections 323, 504, 506 I.P.C., pending in the court of the Judicial Magistrate, Mauranipur, Jhansi, shall remain stayed against the applicant.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), Application U/S 528 BNSS No. 33907 of 2025 — Ram Gopal v. State of U.P. and Another (decided 06-10-2025): interim hearing on an application under Section 528 BNSS seeking quashing of ongoing criminal proceedings (Case No.150 of 2023, arising out of Case Crime No.11 of 2022, under Sections 323, 504, 506 I.P.C., P.S. Mauranipur, District Jhansi, pending before the Judicial Magistrate, Mauranipur, Jhansi). Counsel for the applicant contended that the applicant is innocent, that no prima facie case is made out, and that the impugned proceedings are malicious and liable to be quashed, citing an alleged long delay in lodging the FIR (alleged incident shown 14.11.2021; FIR lodged 08.01.2022) and the informant's medical examination report shown of 08.01.2022. Finding that the matter required consideration, the court issued notice to opposite party no.2, allowed the opposite parties four weeks to file a counter affidavit, listed the case on 04.12.2025, and stayed further proceedings of the underlying case against the applicant until the next date of listing. No merits ruling was made and no precedent was cited or relied upon.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33907 of 2025

Ram Gopal

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Km. Madhubala, Mithilesh Kumar
Counsel for Opposite Party(s)	: G.A.
Court No.- 71

HON'BLE RAJ BEER SINGH, J.

Heard learned counsel for the applicant and learned AGA for the State.

It has been submitted by learned counsel for the applicant that applicant is innocent and no prima-facie case is made out against him. The alleged incident has been shown of 14.11.2021 but first information report has been lodged with long delay on 08.01.2022. Even the medical examination report of informant has been shown of 08.01.2022. Referring to facts of the matter, it was submitted that impugned proceedings are malicious and thus liable to be quashed.

Matter requires consideration.

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

The opposite parties may file counter affidavit within four weeks.

List this case on 04.12.2025.

Till the next date of listing, further proceedings of Case No.150 of 2023 (State vs. Ram Gopal and Others), arising out of Case Crime No.11 of 2022, under Sections 323, 504, 506 I.P.C., Police Station- Mauranipur, DistrictJhansi, pending in the court of Judicial Magistrate, Mauranipur, Jhansi, shall remain stayed against applicant.

October 6, 2025 'SP'/-

(Raj Beer Singh,J.)

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad