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

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

What the court decided

AI extract

Outcome

Interim relief: notice to private opposite party no. 2 through C.J.M. concerned; counter affidavit by learned A.G.A. and opposite party no. 2 within three weeks; rejoinder within one week thereafter; case listed after eight weeks; and until further orders, further proceedings of Criminal Case No. 2117 of 2019 stayed against the applicant.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 2117 of 2019 (arising out of Case Crime No. 394 of 2018, under Sections 3 and 5 of the Prevention of Damages to Public Property Act, 1984, P.S. Handiya, District Allahabad) and the cognizance/summoning order dated 10.10.2019 are liable to be quashed.

Court's answer

Prima facie, the matter requires consideration, on which basis notice was directed to be issued to private opposite party no. 2 and further proceedings were stayed.

Ratio / Principle

As an interim measure, until further orders, further proceedings of Criminal Case No. 2117 of 2019 shall remain stayed against the applicant.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Interim order in application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quashing of the entire proceedings of Criminal Case No. 2117 of 2019 (arising out of Case Crime No. 394 of 2018) under Sections 3 and 5 of the Prevention of Damages to Public Property Act, 1984, P.S. Handiya, District Allahabad, and the cognizance/summoning order dated 10.10.2019 passed by the Additional Chief Judicial Magistrate, Court No. 8, Allahabad. The FIR dated 30.05.2018 was lodged against 16 persons including the applicant by a Halka Lekhpal alleging encroachment of Gram Sabha land under the U.P. Revenue Code, without ascertaining any damage or levying any fine. The Court observed that prima facie the matter requires consideration, issued notice to private opposite party no. 2 through the C.J.M. concerned, directed 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. - 15515 of 2026

Sunil Kumar Agrahari @ Sunil Kumar

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Satya Prakash Shukla, Shesh Mani Agrahari Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Satya Prakash Shukla, learned counsel for the applicant and Sri Alok Mishra, 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 Criminal Case No. 2117 of 2019, arising out of Case Crime No. 394 of 2018, under Sections 3, 5 of Prevention of Damages to Public Property Act, 1984, P. S. Handiya, District Allahabad as well as cognizance/ summoning order dated 10.10.2019, pending in the court of Additional Chief Judicial Magistrate, Court No. 8, Allahabad.

Delay in filing the present application has been explained.

Learned counsel for the applicant submitted that impugned FIR dated 30.05.2018 has been lodged with regard to the incident (no date is mentioned) on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the impugned FIR has been lodged against 16 persons including the present applicant by "Halka Lekhpal" without ascertaining any damage or levying any fine with regard to encroachment of the Gram Sabha land under U.P. Revenue Code.

Prima facie , matter requires consideration.

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

NA528 No. 15515 of 2026

2

A.G.A.

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

April 17, 2026

MAA/-

(Sanjay Kumar Pachori,J.)

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