Deepchandra Dwivedi vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Deepchandra Dwivedi vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: further proceedings of Special Case No. 1549 of 2024 shall remain stayed against the applicant Deepchandra Dwivedi until further orders; notice issued to opposite party no. 2 returnable at an early date; counter affidavit within two weeks and rejoinder affidavit within one week thereafter; matter to be listed after eight weeks. Final quashing petition remains pending.

Issue for consideration

Whether the entire proceedings of Special Case No. 1549 of 2024 (arising out of Case Crime No. 100 of 2023) and the cognizance/summoning order dated 21.12.2023 passed by the Chief Judicial Magistrate, Sonbhadra ought to be quashed against the applicant.

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Notice was directed to be issued to opposite party no. 2, returnable at an early date; notice on behalf of opposite party no. 1 was accepted by the learned A.G.A.

Key takeaways

The learned A.G.A. and learned counsel for opposite party no. 2 were permitted to file a counter affidavit within two weeks, with rejoinder affidavit within one week thereafter.ratio¶19
The matter was directed to be listed after eight weeks.ratio¶20
As an interim measure, until further orders of the Court, further proceedings of Special Case No. 1549 of 2024 shall remain stayed against the applicant Deepchandra Dwivedi.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), interim order dated April 16, 2026, in Application U/S 528 BNSS No. 14428 of 2026 — Deepchandra Dwivedi v. State of U.P. and Another. Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quashing of the entire proceedings of Special Case No. 1549 of 2024 (arising out of Case Crime No. 100 of 2023, under Sections 419, 420, 467, 468, 471, 120-B IPC and Section 3 of the Prevention of Damage to Public Property Act, Police Station Chopan, District Sonbhadra) and the cognizance/summoning order dated 21.12.2023 of the Chief Judicial Magistrate, Sonbhadra. Applicant, a practicing lawyer who had represented other co-accused persons, was not named in the FIR dated 27.05.2023 lodged by the Mines Officer; the role of hatching conspiracy was assigned to him during investigation. Holding that prima facie the matter required consideration, the Court issued notice to opposite party no. 2, accepted notice for opposite party no. 1 through the learned A.G.A., sought counter and rejoinder affidavits, listed the matter after eight weeks, and stayed further proceedings of the case against the applicant until further orders.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 14428 of 2026

Deepchandra Dwivedi

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Saurabh Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Saurabh Pandey, learned counsel for the applicant and Sri B.N. Upadhyay, brief holder for the State.

The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Special Case No. 1549 of 2024, arising out of Case Crime No. 100 of 2023, under Sections 419, 420, 467, 468, 471, 120-B of I.P.C. and Section 3 of Prevention of Damage to Public Property Act, Police Station- Chopan, District- Sonbhadra, as well as cognizance/ summoning order dated 21.12.2023 pending in the Court of Chief Judicial Magistrate, Sonbhadra.

Learned counsel for the applicant submit that the first information report dated 27.05.2023 has been lodged by Mines Officer on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. However, the present applicant is not named in the F.I.R. and during the course of investigation, role of hatching conspiracy of alleged offence has been assigned to the present applicant. There is no presummoning evidence with regard to hatching conspiracy of alleged offence against the applicant. The present applicant is a practicing lawyer and represented other co-accused persons.

Prima facie, matter requires consideration.

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

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

NA528 No. 14428 of 2026

2

Learned A.G.A. as well as learned counsel for the opposite party no. 2 may file counter affidavit within two weeks. Rejoinder affidavit may be filed within one week thereafter.

List after eight weeks.

Until further orders of this Court, further proceedings of the aforesaid case, shall remain stayed against the applicant Deepchandra Dwivedi.

April 16, 2026 Ishan

(Sanjay Kumar Pachori,J.)

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad