Irshad Khan @ Shibu and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 198 of 2026

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Irshad Khan @ Shibu And 3 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Dushyant Singh, Ashwani Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Vakalatnama filed by Shri Laxmi Narayan Gupta, Advocate on behalf of complainant is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for complainant.

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This application has been filed for quashing the summoning order dated 24.6.2024 as well as entire proceeding of complaint case No.399 of 2024, under Sections 323, 504, 506 IPC.,Police Station Kotwali Sadar, District Unnao pending before the Additional Chief Judicial Magistrate, Court No.2, District Unnao.

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Learned counsel for the applicants submitted that marriage of private respondent was solemnised with Yasmeen Warsi on 20.11.2021 with the sisters of applicant Nos.1, 2 and 3. The applicant No.4 is the nephew. As she was being victimised by the private respondent, the FIR No.12 of 2025 was lodged under Sections 504, 323, 506, 498-A IPC and Section 3/4 D.P. Act, Police Station Naubasta, District Kanpur Nagar on 11.1.2025. He further submitted that on the basis of concocted fact, private respondent filed application under Section 156 (3) Cr.P.C. with the allegation that on 09.04.2023 at about 11:00 a.m. the applicants forcibly entered into his house and started beating and also took away all the gold and silver articles which was gifted in his marriage and threat was also given for false implication in several cases. Learned counsel further submitted that as per complaint case, incident had taken place on 09.04.2023 at 11:00 a.m. and he also received injuries but he has not taken any medical aid. Learned counsel further submitted that as per information he was medically examined on 10.4.2023 at about 5:30 p.m. and obtained a fabricated medico-legal report. Thereafter, his

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A482 No. 198 of 2026

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2

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application was treated as a complaint case and after recording the statement under Sections 200 and 202 Cr.P.C. summoning order was passed which is a sheer abuse of the legal provisions therefore, kind indulgence of this court is necessary.

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Learned counsel for complainant has placed a photocopy of the medicolegal report of the private respondent which was conducted on 10.4.2023 at 5:30 p.m. The private respondent is also present before this court and he stated that he is a practising Advocate and he was enrolled in the year 2013 and he fails to explain as to why he has not taken medical aid on the same day. Learned counsel further submitted that the applicants have beaten the complainant brutally therefore, no interference is required.

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Considering the submissions of learned counsel for the parties, and going through the contents of the petition as well as other relevant material including the photocopy of the medico-legal report of private respondent which is placed by learned counsel for complainant, the same is taken on record.

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As per the alleged incident which was taken place on 09.04.2023, at 11:00 a.m. in the said incident, as private respondent had alleged that he received injuries, but he did not go for the medical aid on the same day as he went for medical aid on 10.4.2023 at 5:30 p.m. therefore, matter requires consideration.

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Until further orders of this Court, the impugned proceedings of the aforesaid case shall remain stayed.

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List this case in the third week of March, 2026 showing the name of Shri Laxmi Narayan Gupta, as counsel for the complainant.

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In the meantime, counsel for the complainant may file counter affidavit.

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January 14, 2026 Pks

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(Rajeev Singh,J.)

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Irshad Khan @ Shibu and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Irshad Khan @ Shibu and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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