Bal Krishna Mishra vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2026)

Bal Krishna Mishra vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief only: the non-bailable warrant dated 25.11.2025 shall remain in abeyance till disposal of the applicant's recall application; the applicant was directed to move the recall application within ten days, to be decided by the trial court within two weeks in the light of Satender Kumar Antil v. CBI (2021) 10 SCC 773. Quashing of the 1994 complaint proceedings was not granted.

Issue for consideration

Whether the entire proceedings of Criminal Complaint No.414 of 1994 (S. 498-A IPC / S. 3/4 Dowry Prohibition Act) and the order dated 25.11.2025 issuing a non-bailable warrant against the applicant should be quashed. +1 more

Court's answer

With the aforesaid observation and direction, the application stands disposed of; the quashing prayer was not decided on merits.

Ratio / Principle

The applicant is directed to move an application for recall of the order dated 25.11.2025 within ten days.

Key takeaways

The recall application shall be decided by the trial court within the next two weeks, in the light of the Supreme Court judgment in Satender Kumar Antil v. Central Bureau of Investigation, 2021 (10) SCC 773, without giving any unnecessary adjournment.ratio¶16
Till disposal of the recall application, the non-bailable warrant dated 25.11.2025 issued against the applicant shall remain in abeyance.ratio¶16

Detailed headnote1 paragraphs

Section 482 Application (Allahabad HC, Lucknow Bench) — Quashing sought of entire proceedings of Criminal Complaint No.414 of 1994 (Smt. Anupam Mishra v. Sri Ram Krishna Mishra & others) under Section 498-A IPC and Section 3/4 Dowry Prohibition Act, PS Mishrikh, Dist. Sitapur, along with the order dated 25.11.2025 issuing a non-bailable warrant against the applicant, passed by the Additional Civil Judge (JD)/Judicial Magistrate, Court No.7, Sitapur. Trial pending since 1994; applicant had appeared till 02.03.2020; case not yet at the Section 244 stage; complainant reported dead. Court did not decide the quashing prayer on merits: applicant directed to move an application for recall of the 25.11.2025 order within ten days, to be decided by the trial court within two weeks in the light of Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, without unnecessary adjournments; the non-bailable warrant to remain in abeyance till then. Application disposed of. (Brij Raj Singh, J.; 19.02.2026.)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 1557 of 2026

Bal Krishna Mishra

.....Applicant(s)

Versus

State of U.P. Thru. Prin. Secy. Home Deptt. Home Affairs Lko. and another .....Opposite Party(s) Counsel for Applicant(s) : Pankaj Kumar Tiwari Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant and the learned AGA appearing for the State-opposite party no.1.

The present application has been filed seeking quashing of the entire proceedings of Criminal Complaint No.414 of 1994, Smt. Anupam Mishra Vs. Sri Ram Krishna Mishra and others, under Section 498-A IPC and Section 3/4 Dory Prohibition Act, Police Station Mishrikh, District Sitapur and the order dated 25.11.2025 issuing non-bailable warrant against the applicant, passed by the Additional Civil Judge (JD)/Judicial Magistrate, Court No.7, Sitapur.

In view of the order proposed to be passed, issuance of notice to opposite party no2 is dispensed with.

Counsel for the applicant submits that the trial is pertaining to the year 1994 and the applicant had appeared till 02.03.2020 and the case has not reached upto the stage of Section 244 C.P.C. He further submits that as per his information, the complainant has died. It is submitted that non-bailable warrant has been issued against the applicant due to his non-appearance. Now, the applicant is ready to appear before the trial court and will cooperate in the trial and he will not seek any unnecessary adjournment.

Considering the over all facts and circumstances of the case, the applicant is directed to move an application for recall of the order dated 25.11.2025

A482 No. 1557 of 2026

2

within ten days from today and the same shall be decided by the trial court within next two weeks in the light of the judgement of the Hon'ble Supreme Court rendered in the case of Satender Kumar Antil Vs. Central Bureau of Investigation , 2021 (10) SCC 773 without giving any unnecessary adjournment. Till disposal of the recall application, non-bailable warrant dated 25.11.2025 issued against the applicant, shall remain in abeyance.

With the aforesaid observation and direction, the application stands disposed of.

(Brij Raj Singh,J.)

February 19, 2026

Rao/-

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench