SHYAM LAL AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER
A482/5585/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150453 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40556 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5585 of 2025 Applicant :- Shyam Lal And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Ajeet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ajeet Kumar Mishra, the learned counsel for the applicants, Sri Avishes Kumar Singh, learned A.G.A. for the State, and perused the records.
2. Keeping in view the peculiar facts of the case wherein the matter was instituted by lodging a non-cognizable report in the year 2022 and the trial is yet to commence, while we are presently in the year 2025, issuance of notice to the opposite party no.2 will cause further delay in finalization of proceedings and would defeat the ends of justice, the issuance of notice to the opposite party no.2 is dispensed with and the application is being decided finally after hearing submissions of learned counsel for the applicants and the learned A.G.A.
3. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicants have prayed for quashing of the proceeding of Case No.4646/2023 (State Vs. Shyam Lal & others) under Sections 323 and 504 IPC, arising out of NCR No.145 of 2022 lodged at Police Station Kauriya, District Gonda as well as the validity of the summoning order dated 03.03.2023 passed by the learned Civil Judge (J.D.)/FTC Naveen, Gonda.
4. The submission of the learned counsel for the applicants is
that the offences under Sections 323, 504 I.P.C. are non- cognizable offences and the trial of the aforesaid offences can only be conducted as a complaint case and not a State case.
5. The learned A.G.A. does not dispute aforesaid proposition.
6. Accordingly, the application is allowed and the cognizance and summoning order dated 03.03.2023 is hereby set aside. The trial court is directed to register the case afresh as a complaint case and proceed in accordance with law as per the procedure prescribed for deciding the complaint case expeditiously. Order Date :- 16.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench