Surendra @ Kallu and 6 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Surendra @ Kallu and 6 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: notice issued to opposite party No. 2, returnable at an early date; counter-affidavit within four weeks and rejoinder-affidavit within two weeks thereafter; matter listed on 21.04.2026; and until further orders the entire criminal proceeding of Complaint Case No. 4060 of 2022 kept in abeyance. Final quashing prayer left open.

Issue for consideration

Whether the entire criminal proceeding of Complaint Case No. 4060 of 2022 (Gyanchandra Vishwakarma v. Surendra @ Kallu and others) under Sections 427, 504, 506, 379 IPC, pending before the Additional Chief Judicial Magistrate-V, Jaunpur, and the summoning order dated 10.10.2024 ought to be quashed.

Court's answer

Notice to issue to opposite party No. 2, returnable at an early date; the matter to be listed on 21.04.2026 in the daily cause list, the Court having observed that the matter requires consideration.

Ratio / Principle

Opposite party No. 2 may file a counter-affidavit within four weeks; rejoinder-affidavit to be filed within two weeks thereafter.

Key takeaways

Until further orders, the entire criminal proceeding of Complaint Case No. 4060 of 2022 (Gyanchandra Vishwakarma v. Surendra @ Kallu and others) under Sections 427, 504, 506, 379 IPC, pending before the Additional Chief Judicial Magistrate-V, Jaunpur, is kept in abeyance.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nand Prabha Shukla, J.) — Application under Section 528 BNSS No. 5930 of 2026 filed by Surendra @ Kallu and 6 others seeking quashing of the entire criminal proceeding of Complaint Case No. 4060 of 2022 (Gyanchandra Vishwakarma v. Surendra @ Kallu and others) under Sections 427, 504, 506, 379 IPC, Police Station-Rampur, District-Jaunpur, pending before the learned Additional Chief Judicial Magistrate-V, Jaunpur, as well as the summoning order dated 10.10.2024. Applicants submitted that the complaint was lodged on false and frivolous allegations with mala fide intent to harass them; that the alleged CCTV was uninstalled after interference of the local police station and nothing was stolen. The Court held the matter required consideration, issued notice to opposite party No. 2 returnable at an early date, allowed a counter-affidavit within four weeks and a rejoinder-affidavit within two weeks thereafter, listed the matter on 21.04.2026 in the daily cause list, and, until further orders, kept the entire criminal proceeding of the complaint case in abeyance.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 5930 of 2026

Surendra @ Kallu And 6 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Ali Hasan, Asif Hasan
Counsel for Opposite Party(s) :	G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

The present application under Section 528 BNSS has been filed with a prayer to allow the present application and quash the entire criminal proceeding of Complaint Case No. 4060 of 2022 (Gyanchandra Vishwakarma v. Surendra @ Kallu and others) under Sections 427, 504, 506, 379 IPC, Police Station-Rampur, District-Jaunpur pending in the Court of learned Additional Chief Judicial Magistrate-V, Jaunpur as well as summoning order dated 10.10.2024.

It has been submitted by learned counsel for the applicants that the instant complaint has been lodged on the basis of the false and frivolous allegations with the mala fide intent to harass the applicants. The alleged CCTV was uninstalled after the interference of the local police station and nothing has been stolen.

Matter requires consideration.

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

List on 21.04.2026 in the daily cause list.

Opposite party No. 2 may file counter-affidavit within four weeks. Rejoinder-affidavit be filed within two weeks thereafter.

Until further orders, the entire criminal proceeding of Complaint Case No.

NA528 No. 5930 of 2026

2

4060 of 2022 (Gyanchandra Vishwakarma v. Surendra @ Kallu and others) under Sections 427, 504, 506, 379 IPC, Police Station-Rampur, DistrictJaunpur pending in the Court of learned Additional Chief Judicial Magistrate-V, Jaunpur, shall be kept in abeyance.

(Nand Prabha Shukla,J.)

February 19, 2026

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad