Pradeep and 4 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Pradeep and 4 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: further proceedings of Criminal Case No. 104 of 2022 stayed against the applicants until further orders; notice issued to opposite party no. 2; counter affidavits within three weeks and rejoinder affidavit within one week thereafter; matter listed after eight weeks. The quashing application itself remains pending and undecided on merits.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 104 of 2022, arising out of Case Crime No. 219 of 2022 under Section 3/5 of the Prevention of Damage to Public Property Act (P.S. Buxa, District Jaunpur), and the cognizance/summoning order dated 12.8.2022 are liable to be quashed.

Court's answer

Prima facie, the matter requires consideration (preliminary observation; final decision on quashing left open pending counter affidavits).

Ratio / Principle

Notice was issued to opposite party no. 2, returnable at an early date.

Key takeaways

The A.G.A. and opposite party no. 2 were permitted to file counter affidavits within three weeks, with rejoinder affidavit within one week thereafter.ratio¶17
Until further orders of the Court, further proceedings of Criminal Case No. 104 of 2022 shall remain stayed against the applicants.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application U/S 528 BNSS No. 30738 of 2025, Pradeep and 4 others v. State of U.P. and another, decided May 7, 2026 — Interim order. Applicants sought quashing of the entire proceedings of Criminal Case No. 104 of 2022 (arising out of Case Crime No. 219 of 2022, under Section 3/5 of the Prevention of Damage to Public Property Act, Police Station Buxa, District Jaunpur) and the cognizance/summoning order dated 12.8.2022, pending before the Civil Judge (Senior Division)/Fast Track Court, Jaunpur. It was contended that the FIR dated 9.7.2022, regarding an incident (no date mentioned), was lodged on false and frivolous allegations with ulterior motive, and that the impugned FIR was lodged by a Halka Lekhpal without ascertaining any compensation for damage to Gram Sabha land/Government land under the U.P. Revenue Code. Holding that prima facie the matter requires consideration, the Court issued notice to opposite party no. 2, permitted counter affidavits within three weeks and rejoinder within one week thereafter, listed the matter after eight weeks, and directed that until further orders further proceedings of the case shall remain stayed against the applicants. No final adjudication on merits; no precedent cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 30738 of 2025

Pradeep And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Indra Jeet Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Indra Jeet Yadav, learned counsel for the applicants and Shri Manoj Kumar Singh, learned A.G.A. for the State.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of criminal case No. 104 of 2022, arising out of case crime No. 219 of 2022, under Section 3/5 of Prevention of Damage to Public Property Act, Police StationBuxa, District Jaunpur as well as cognizance/summoning order dated 12.8.2022, pending in the court of Civil Judge (Senior Division)/Fast Track Court, Jaunpur.

Learned counsel for the applicants submits that the first information report dated 9.7.2022 with regard to incident dated (no date is mentioned) 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 impugned F.I.R. has been lodged by Halka Lekhpal without ascertaining any compensation to damage the Gram Sabha land/Government land under U.P. Revenue Code.

Prima facie, matter requires consideration.

Learned A.G.A. has accepted notice on behalf of opposite party No. 1.

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

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter.

NA528 No. 30738 of 2025

2

List after eight weeks.

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

May 7, 2026 T. Sinha

(Sanjay Kumar Pachori,J.)

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad