Jitu Alias Jitendra vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Jitu Alias Jitendra vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: till the next date of listing (week commencing 06.04.2026), no coercive action against the applicant in Criminal Case No.509 of 2019 arising out of Case Crime No.335 of 2017, P.S. Khair, District Aligarh; Chief Judicial Magistrate, Aligarh directed to verify the affidavit dated 22.04.2018 of opposite party no.2 in presence of both parties and report; Registrar (Compliance) to serve the order with the affidavit within 48 hours; matter listed for the week commencing 06.04.2026.

Issue for consideration

Whether criminal proceedings against the applicant in Case Crime No.335 of 2017 (section 379 IPC), now Criminal Case No.509 of 2019, should continue notwithstanding opposite party no.2's affidavit dated 22.04.2018 expressing intention not to pursue the matter.

Court's answer

The learned Chief Judicial Magistrate, Aligarh is directed to verify the contents of the affidavit dated 22.04.2018 preferred by opposite party no.2, in presence of both the parties, and to report accordingly.

Ratio / Principle

The Registrar (Compliance) is directed to ensure service of this order, along with a copy of the affidavit dated 22.04.2018, upon the learned Chief Judicial Magistrate, Aligarh/concerned court within 48 hours, and, after receiving the report, to place the same in the records by the next date.

Key takeaways

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicant in Criminal Case No.509 of 2019 (State vs. Jitu @ Jitendra) arising out of Case Crime No.335 of 2017, P.S. Khair, District Aligarh.ratio¶12

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Saurabh Srivastava, J.) | Application U/S 528 BNSS No. - 46261 of 2025 | Jitu Alias Jitendra v. State of U.P. and Another | Decided March 17, 2026. The applicant, facing prosecution in Criminal Case No.509 of 2019 (State vs. Jitu @ Jitendra) arising out of Case Crime No.335 of 2017, P.S. Khair, District Aligarh, instituted in pursuance to section 379 IPC, drew the Court's attention to an affidavit of opposite party no.2 (Annexure No.9 to the application), dated 22.04.2018, whereby opposite party no.2 expressed intention not to pursue the matter. The Court (i) directed the learned Chief Judicial Magistrate, Aligarh to verify the contents of the affidavit dated 22.04.2018 in presence of both the parties and report accordingly; (ii) directed the Registrar (Compliance) to ensure service of the order together with a copy of the affidavit upon the Chief Judicial Magistrate, Aligarh/concerned court within 48 hours, and to place the report on record by the next date; and (iii) as an interim measure, directed that till the next date of listing no coercive action shall be taken against the applicant in Criminal Case No.509 of 2019. Matter listed for the week commencing 06.04.2026. Interim order only; final adjudication reserved.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46261 of 2025

Jitu Alias Jitendra

Versus	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Dinesh Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the applicant and learned AGA for the State.

As per the latest report apprised by the office, notice has already been served upon opposite party no.2.

At the very outset, learned counsel for the applicant sought the attention of Court over the affidavit preferred at the behest of opposite party no.2 available as Annexure No.9 to the instant application, through which opposite party no.2 intended not to pursue the matter in shape of Case Crime No.335 of 2017 in pursuance to section 379 IPC against the applicant.

Learned court of Chief Judicial Magistrate, Aligarh is hereby directed to verify the contents of affidavit dated 22.04.2018 preferred by opposite party no.2 in presence of both the parties and report accordingly.

Registrar (Compliance) is hereby directed to ensure service of this order along with copy of the affidavit dated 22.04.2018 upon learned Chief Judicial Magistrate, Aligarh/court concerned within 48 hours and after receiving report as directed above, the same may be placed in the records by the next date.

List in the week commencing 06.04.2026 .

Till the next date of listing, no coercive action shall be taken

NA528 No. 46261 of 2025

2

against the applicant in Criminal Case No.509 of 2019 (State vs. Jitu @ Jitendra) arising out of Case Crime No.335 of 2017, P.S. Khair, District- Aligarh.

March 17, 2026 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad