Vikalp Rai and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Vikalp Rai and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: the entire proceeding of Case no. 19496 of 2024 (State vs. Vikalp Rai and others), arising out of Case Crime no. 239 of 2023, is stayed solely in respect of the applicants until the next date of listing (26.2.2026); the application itself was not finally decided, records were summoned from the District Judge, Mau, and the concerned Judicial Officer was directed to appear in person.

Issue for consideration

Whether the ongoing criminal proceedings against the applicants in Case no. 19496 of 2024 (State vs. Vikalp Rai and others), arising out of Case Crime no. 239 of 2023, should be kept in abeyance pending consideration of the Application U/S 528 BNSS.

Court's answer

Till the next date of listing, the entire proceeding of Case no. 19496 of 2024 (State vs. Vikalp Rai and others) arising out of Case Crime no. 239 of 2023 (under sections 307, 323, 504, 506, 336 of IPC and Section 7 of Criminal Law (Amendement), PS- Dohrighat, District Mau) shall remain stayed, and the stay applies only in respect of the applicants.

Ratio / Principle

The learned District Judge, Mau is directed to send the entire records of Case no. 19496 of 2024 (State vs. Vikalp Rai) arising out of Case Crime no. 239 of 2023, along with the complete order sheet, to this Court.

Key takeaways

The learned Civil Judge (Senior Division)/Fast Track Court/Additional Chief Judicial Magistrate, Mau is directed to appear in person before this Court on the next date.ratio¶8
Only outstation leave shall be sanctioned for the then learned Civil Judge (Senior Division)/Fast Track Court/Additional Chief Judicial Magistrate, Mau, and no travelling or dearness allowance shall be admissible for attending the Court on the next date.ratio¶11
The Registrar (Compliance) is directed to ensure service of this order upon the learned District Judge, Mau within 48 hours.ratio

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Saurabh Srivastava, J.; Court No. 75) — Interim order dated February 12, 2026 in Application U/S 528 BNSS No. 43959 of 2025, Vikalp Rai And 3 Others v. State of U.P. and Another. The Court directed the learned District Judge, Mau to send the entire records of Case no. 19496 of 2024 (State vs. Vikalp Rai) arising out of Case Crime no. 239 of 2023 — proceedings under sections 307, 323, 504, 506, 336 of IPC and Section 7 of Criminal Law (Amendement), PS- Dohrighat, District Mau — together with the complete order sheet; directed the learned Civil Judge (Senior Division)/Fast Track Court/Additional Chief Judicial Magistrate, Mau to appear in person on the next date (outstation leave only; no travelling or dearness allowance); had the Registrar (Compliance) ensure service of the order upon the District Judge within 48 hours; and stayed the entire proceeding only in respect of the applicants till the next date of listing, the matter to be put up afresh on 26.2.2026 in chamber.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 43959 of 2025

Vikalp Rai And 3 Others	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Akhand Pratap Singh, Shobhit Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for parties.

Learned District Judge, Mau is hereby directed to send the entire records of Case no. 19496 of 2024 (State vs. Vikalp Rai) arising out of Case Crime no. 239 of 2023 along with complete order sheet to this Court.

Learned Civil Judge (Senior Division)/Fast Track Court/ Additional Chief Judicial Magistrate, Mau posted on 4.1.2024 is also directed to appear in person on the next date before this Court.

Registrar (Compliance) is directed to ensure service of this order upon learned District Judge, Mau within 48 hours.

Put up as fresh on 26.2.2026 in chamber .

It is made clear that only the outstation leave shall be sanctioned in favour of the then learned Civil Judge (Senior Division)/Fast Track Court/ Additional Chief Judicial Magistrate, Mau and no travelling or dearness allowance shall be applicable for attending the Court on the next date.

Till the next date of listing, entire proceeding of Case no. 19496 of

NA528 No. 43959 of 2025

2

2024 (State vs. Vikalp Rai and others) arising out of Case Crime no. 239 of 2023 under sections 307, 323, 504, 506, 336 of IPC and Section 7 of Criminal Law (Amendement), PS- Dohrighat, District Mau, shall remain stayed only in respect of applicants herein.

February 12, 2026

Shaswat

(Saurabh Srivastava,J.)

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad