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2025 DAILYLAW 150675 (ALL)

ANGAD KUMAR SHUKLA @ ANGAD AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5586/2025 · 2025-07-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40555 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5586 of 2025 Applicant :- Angad Kumar Shukla @ Angad And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajeet Kumar Mishra, Advocate, holding brief of Sri Alok Kr. Misra, 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 2021 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.773/2022 (State Vs. Ram Sahay & others) under Sections 323 and 504 IPC, arising out of NCR No.116 of 2021 lodged at Police Station Katra Bazar, District Gonda as well as the validity of the summoning order dated 03.10.2022 passed by the learned Judicial Magistrate, 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 03.10.2022 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