Naseem and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. of Home Affairs Lko and Another — Allahabad HC (2025) — LawSathi Research

Naseem and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. of Home Affairs Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; application disposed of with protective directions: a discharge application under Section 245(2) Cr.P.C., if filed by the applicants within two weeks, is to be considered and decided expeditiously preferably within three months, and no coercive action is to be taken against the applicants till disposal of such application.

Issue for consideration

Whether the impugned charge sheet and summoning order dated 18.11.2023 passed by the ACJM (J.D.)/J.M. Mohammadi, Kheri, and the entire criminal proceeding of Criminal Case No.563 of 2024 arising out of FIR dated 06.07.2023 in Crime No.202 of 2023 under Sections 323, 504, 506 IPC, ought to be quashed under Section 482 Cr.P.C.

Court's answer

On the facts and circumstances, no ground was found to quash the criminal proceedings; the prayer for quashing the charge sheet and summoning order was refused.

Ratio / Principle

If the applicants appear and move an appropriate discharge application through counsel under Section 245(2) Cr.P.C. before the Court below within two weeks of receipt of a certified copy of the order, that application shall be considered and decided expeditiously, preferably within three months, in accordance with law.

Key takeaways

If the applicants move such a discharge application within two weeks, no coercive action shall be taken against them till disposal of that application.ratio¶17

Detailed headnote1 paragraphs

Section 482 Cr.P.C. — Quashing of charge sheet and summoning order dated 18.11.2023 passed by ACJM (J.D.)/J.M. Mohammadi, Kheri, and entire proceedings of Criminal Case No.563 of 2024 (State v. Naseem and others) arising out of FIR dated 06.07.2023 in Crime No.202 of 2023, P.S. Uchauliya, District Lakhimpur Khiri, under Sections 323, 504, 506 IPC — Held: considering the facts and circumstances, no ground to quash the criminal proceedings; prayer refused. However, if the applicants appear and move a discharge application through counsel under Section 245(2) Cr.P.C. within two weeks, it shall be decided expeditiously, preferably within three months, and no coercive action shall be taken against them till its disposal. Application disposed of (Divesh Chandra Samant, J.; decision dated December 15, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10602 of 2025

Naseem And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thrus. Prin. Secy. Home Deptt. Of Home Affairs Lko And Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Jitendra Bahadur
Counsel for Opposite Party(s) :	G.A.

Court No. - 29

HON'BLE DIVESH CHANDRA SAMANT, J.

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

The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet and summoning order dated 18.11.2023, passed by learned Additional Chief Judicial Magistrate (J.D.) / J.M. Mohammadi, Kheri and entire criminal proceeding of Criminal Case No.563 of 2024, (State versus Naseem and others) arising out of FIR dated 06.07.2023 in Crime No.202 of 2023, under Sections 323, 504, 506 IPC, Police Station Uchauliya, District Lakhimpur Khiri.

The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings, therefore, the prayer for quashing the same is hereby refused.

However, it is provided that if the applicants appear and moves an appropriate application for discharge through counsel under Section 245(2) Cr.P.C. before the Court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicants shall be considered and decided expeditiously preferably within a period of three

A482 No. 10602 of 2025

2

months in accordance with law.

If the applicants moves an application as stated above within two weeks, no coercive action shall be taken against the applicants till disposal of the said application.

Accordingly, the present application is disposed of .

December 15, 2025 I.A. Siddiqui

(Divesh Chandra Samant,J.)

Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench