Rajesh @ Nanhey Lalla and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Rajesh @ Nanhey Lalla and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: until further orders, further proceedings of Case No. 632 of 2023 stayed against the applicants; notice accepted by learned A.G.A. on behalf of opposite party no. 1; notice to private opposite party no. 2 through the C.J.M. concerned; counter affidavit within three weeks; rejoinder affidavit within one week; case listed after eight weeks. No final adjudication on quashing.

Issue for consideration

Whether the entire proceedings of Case No. 632 of 2023, arising out of Case Crime No. 431 of 2022 under Section 3 of the Prevention of Damages to Public Property Act 1984, and the cognizance/summoning order dated 23.02.2023 passed by the Additional Chief Judicial Magistrate, Kannauj, should be quashed.

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Until further orders, further proceedings of the aforesaid case shall remain stayed against the applicants; notice to issue to the private opposite party no. 2 through the C.J.M. concerned, counter affidavit within three weeks, rejoinder affidavit within one week, and the case to be listed after eight weeks.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), interim order dated May 1, 2026 in Application U/S 482 No. 19750 of 2024, Rajesh @ Nanhey Lalla and 2 others v. State of U.P. and another: application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quashing of the entire proceedings of Case No. 632 of 2023 (arising out of Case Crime No. 431 of 2022, Section 3, Prevention of Damages to Public Property Act 1984, P.S. Kotwali Gursahayganj, District Kannauj) and the cognizance/summoning order dated 23.02.2023 of the Additional Chief Judicial Magistrate, Kannauj. Counsel for the applicants contended the FIR dated 11.08.2022 was false, frivolous and lodged to harass, that pre-summoning evidence consisted only of the statements of the first informant and police personnel, and that the applicants' names surfaced on hearsay. Finding the matter prima facie requiring consideration, the Court issued notice to the private opposite party through the C.J.M. concerned, accepted notice for the State, directed a counter affidavit within three weeks and rejoinder within one week, and stayed further proceedings of the case against the applicants until further orders. No precedent cited; no final decision on the quashing question.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 19750 of 2024

Rajesh @ Nanhey Lalla And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Dileep Singh Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Dileep Singh Yadav, learned counsel for the applicants and Sri Abhishek Kumar, learned A.G.A. for the State are present.

The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Case No. 632 of 2023, arising out of Case Crime No. 431 of 2022, under Section 3 of Prevention of Damages to Public Property Act 1984, P. S. Kotwali Gursahayganj District Kannauj as well as cognizance/ summoning order dated 23.02.2023, pending in the court of Additional Chief Judicial Magistrate , Kannauj

Learned counsel for the applicants submitted that impugned FIR dated 11.08.2022 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that as per charge sheet there is no pre summoning evidence except the statement of first informant and police personnels. Name of the applicants surfaced on the basis of hearsay evidence. It is further submitted that there is no pre summoning evidence with regard to the plantation of plants over the land in question.

Prima facie , matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to private opposite party no. 2 through C.J.M. concerned,

A482 No. 19750 of 2024

2

returnable at an early date.

Learned A.G.A. as well as private opposite party no. 2 may file a counter affidavit within three weeks.

Rejoinder affidavit may thereafter be filed within one week.

List this case after eight weeks.

Until further orders, further proceedings of aforesaid case shall remain stayed against the applicants.

May 1, 2026

MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad