Devendra Pandey @ Devendra Kumar Pandey vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Devendra Pandey @ Devendra Kumar Pandey vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: further proceedings of Criminal Case No. 5652 of 2018 stayed against the applicant until further orders; notice issued to the opposite parties, with counter affidavit within three weeks, rejoinder within one week, and listing after eight weeks.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 5652 of 2018, arising out of Case Crime No. 522 of 2027, and the cognizance/summoning order dated 19.12.2018 are liable to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Notice on behalf of opposite party no. 1 has been accepted by the learned A.G.A., and notice is to be issued to private opposite party no. 2 through the C.J.M. concerned, returnable at an early date.

Key takeaways

The learned A.G.A. and private opposite party no. 2 may file a counter affidavit within three weeks; a rejoinder affidavit may be filed within one week thereafter; the case is to be listed after eight weeks.ratio¶16
Until further orders, further proceedings of Criminal Case No. 5652 of 2018 shall remain stayed against the applicant.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application U/S 482 No. 26111 of 2024, Devendra Pandey @ Devendra Kumar Pandey v. State of U.P. and Another (order dated March 26, 2026): Application under Section 482 Cr.P.C. to quash the entire proceedings of Criminal Case No. 5652 of 2018, arising out of Case Crime No. 522 of 2027, under Section 427 IPC and Section 3/5 of P. P. Act, P. S. Tharvai, District Allahabad, and the cognizance/summoning order dated 19.12.2018 of the Additional Chief Judicial Magistrate, Court No. 6, Allahabad. Counsel for the applicant contended that the FIR dated 23.10.2017 was lodged by a government officer on false and frivolous allegations with ulterior motive, that the cognizance order was passed on a printed proforma, and that the subject matter was sub judice before the Court in Writ-B Nos. 2447 and 2448 of 2022. Finding that prima facie the matter requires consideration, the Court recorded acceptance of notice for opposite party no. 1 by the learned A.G.A., directed notice to private opposite party no. 2 through the C.J.M. concerned, permitted a counter affidavit within three weeks and a rejoinder within one week, listed the case after eight weeks, and ordered that, until further orders, further proceedings of the case shall remain stayed against the applicant.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 26111 of 2024

Devendra Pandey @ Devendra Kumar Pandey

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Bala Nath Mishra, Ram Vishal Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Ram Vishal Mishra, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present.

The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 5652 of 2018, arising out of Case Crime No. 522 of 2027, under Section 427 IPC and Section 3/5 of P. P. Act, P. S. Tharvai, District Allahabad as well as cognizance/ summoning order dated 19.12.2018, pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Allahabad.

Learned counsel for the applicant submitted that impugned FIR dated 23.10.2017 has been lodged by a government officer on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the case with regard to subject matter of FIR is pending before this Court in Writ-B Nos. 2447 and 2448 of 2022. It is further submitted that cognizance order has been passed on a printed proforma. The subject matter is subjudice.

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, returnable at an early date.

A482 No. 26111 of 2024

2

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 applicant.

March 26, 2026

MAA/-

(Sanjay Kumar Pachori,J.)

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