Allahabad High Court

Ramesh Kumar & Ors. v. State of U.P. thru. Addl. Chief Secy. Home Lko. & Anr.

NA528/2294/2026

Decision date
2026-05-29
Text availability
Full text
Judges
Shree Prakash Singh

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2294 of 2026 Ramesh Kumar And 2 Others .....Applicant(s) Versus State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Dinesh Kumar Mishra, Pankaj Mishra Counsel for Opposite Party(s) : G.A. Court No. - 16 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.\ Instant application has been filed with the prayer to set aside the Summoning order dated 17.01.2026 with the Charge Sheet filed bearing No. 01 U/s 115(2), 352, 351 (3) (U/s 323, 504, 506 I.P.C.) P.S.-Khodare District Gonda. From perusal of the records, it transpires that the first information report is the outburst of a civil dispute in between the parties. The medical has been got done after five days of the alleged incident. The injuries seem to be simple in nature as is transcribed in the injury report. Matter requires thorough consideration. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. Let Counter Affidavit be filed by the opposite parties within three weeks. Rejoinder Affidavit, if any, may be filed within one week thereafter. NA528 No. 2294 of 2026 2 List this matter after expiry of the aforesaid period.

Till the next date of listing, the criminal proceedings arising out of Summoning order dated 17.01.2026 with the Charge Sheet filed bearing No. 01 U/s 115(2), 352, 351 (3) (U/s 323, 504, 506 I.P.C.) P.S.-Khodare District Gonda, shall remain stayed so far as the present applicants are concerned. (Shree Prakash Singh,J.) May 29, 2026 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench