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

Shivmurti 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 (matter listed on 27.04.2026; counter-affidavit within four weeks, rejoinder-affidavit within two weeks thereafter); until further orders, the entire proceedings of Criminal Complaint Case No. 1902/2019 (Ramujagir vs. Shree Ram & Others) under Sections 147, 323, 379, 452, 506 IPC pending before the CJM, Basti kept in abeyance. Application not finally decided.

Issue for consideration

Whether the impugned summoning order dated 17.02.2020 and the entire proceedings of Criminal Complaint Case No. 1902/2019 (Ramujagir vs. Shree Ram & Others) under Sections 147, 323, 379, 452, 506 IPC, pending before the CJM, Basti, are liable to be quashed.

Court's answer

Notice to be issued to opposite party No. 2, returnable at an early date.

Ratio / Principle

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

Key takeaways

Until further orders, the entire proceedings of Criminal Complaint Case No. 1902/2019 (Ramujagir vs. Shree Ram & Others) under Sections 147, 323, 379, 452, 506 IPC, pending before the CJM, Basti, shall be kept in abeyance.ratio¶17

Detailed headnote1 paragraphs

INTERIM ORDER - Quashing - Application under Section 528 BNSS (Application U/S 528 BNSS No. 8168 of 2026, Shivmurti vs. State of U.P. and Another) seeking quashing of the summoning order dated 17.02.2020 passed by the Court of learned Chief Judicial Magistrate, Basti in Criminal Complaint Case No. 1902/2019 (Ramujagir vs. Shree Ram & Others), U/s 147, 323, 379, 452, 506 IPC, Police Station Lalganj, District Basti, and of the entire proceedings thereof; applicant contends the complaint is false and frivolous, lodged with mala fide intent to harass over a property dispute, with no injury report to substantiate the allegations. Held (Nand Prabha Shukla, J., order dated February 25, 2026): 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 27.04.2026; until further orders, the entire proceedings of the complaint case shall be kept in abeyance. No merits decision rendered; no precedent cited or relied upon.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 8168 of 2026

Shivmurti

.....Applicant(s)

	Versus
State of U.P. and Another		....	.Opposite Party(s)
Counsel for Applicant(s)	: Anupam Shyam Gond, Utkarsh Dixit	Dwivedi,	Sanjoo
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Sudhir Dixit, learned Senior Advocate assisted by Mrs. Sanjoo Gond, 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 this application and further be pleased to quash the impugned summoning order dated 17.02.2020 (Annexure No. 3 to this Affidavit) passed by the Court of learned Chief Judicial Magistrate Basti in Criminal Complaint Case No. 1902/2019 (Ramujagir vs. Shree Ram & Others), U/s 147, 323, 379, 452, 506 IPC, Police Station Lalganj, District Basti as well as the entire proceedings of the Criminal Complaint Case No. 1902/2019 (Ramujagir vs. Shree Ram & Others), U/s 147, 323, 379, 452, 506 IPC, Police Station Lalganj, District Basti pending before the Court of learned Chief Judicial Magistrate Basti.

It has been submitted by learned counsel for the applicants that the instant complaint has been lodged on the basis of false and frivolous allegations with the mala fide intent to harass the applicant due to property dispute. There is no injury report to substantiate the allegations.

Matter requires consideration.

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

List on 27.04.2026 in the daily cause list.

NA528 No. 8168 of 2026

2

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

Until further orders, the entire proceedings of the Criminal Complaint Case No. 1902/2019 (Ramujagir vs. Shree Ram & Others), U/s 147, 323, 379, 452, 506 IPC, Police Station Lalganj, District Basti pending before the Court of learned Chief Judicial Magistrate Basti, shall be kept in abeyance.

(Nand Prabha Shukla,J.)

February 25, 2026

Aditya Tripathi

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