Ashutosh Yadav @ Goldi Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Ashutosh Yadav @ Goldi Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to move a discharge application through counsel within four weeks, with directions that it be decided expeditiously by a reasoned and speaking order; interim protection that no coercive steps be taken against the applicant during the four-week period and pendency of the discharge application; benefit of the order forfeited on default; after disposal of the discharge application the applicant to be subject to regular court process including bail. Prayer for quashing of the summonsing order and proceedings stood declined on merits.

Issue for consideration

Whether the proceedings of Criminal Misc. Case No.4960 of 2014 arising out of Case Crime No. 821 of 2012 (Sections 379, 411, 413, P.S. Kotwali Nagar, District Sultanpur) and the impugned summoning order deserve to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

On the facts and circumstances, a prima facie case is made out against the applicant; therefore the prayer for quashing the impugned summoning order and proceedings of the aforesaid case is declined.

Ratio / Principle

Learned counsel for the applicant does not press the application on merits and confines the prayer to liberty to move a discharge application through counsel, to which the learned A.G.A. has no objection.

Key takeaways

The applicant is permitted to move his discharge application(s) through counsel within four weeks.ratio¶20
Any discharge application so filed shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.ratio¶20
Till the period of four weeks and during the pendency of the discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Singh, J. (November 20, 2025) - Application under Section 482 Cr.P.C. (No. 9362 of 2025) by Ashutosh Yadav @ Goldi seeking quashing of the proceedings of Criminal Misc. Case No.4960 of 2014 arising out of Case Crime No. 821 of 2012 under Sections 379, 411, 413, Police Station Kotwali Nagar, District Sultanpur. The Court found a prima facie case against the applicant and declined the prayer for quashing the impugned summoning order and proceedings. Counsel thereafter did not press the application on merits and confined the prayer to liberty to file a discharge application with a direction for expeditious disposal, to which the learned A.G.A. had no objection. Held/directed: (i) applicant permitted to move the discharge application through counsel within four weeks; (ii) such application to be heard and decided expeditiously, in accordance with law, by a reasoned and speaking order; (iii) no coercive steps against the applicant till the said four weeks and during pendency of the discharge application; (iv) default in filing within the period forfeits the benefit of the order; (v) after disposal of the discharge application, the applicant to be subject to the regular process of the court concerned, including bail. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9362 of 2025

Ashutosh Yadav @ Goldi

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

1. Heard learned counsel for the applicant and the learned A.G.A. and perused the material available on record.

2. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the proceedings off Criminal Misc. Case No.4960 of 2014 in Case Crime No. 821 of 2012 under Sections 379, 411, 413, Police Station - Kotwali Nagar, District Sultanpur.

3. Learned counsel for applicants submits that the applicant is an innocent person and has falsely been implicated in the present case. It is also contended that Investigating Officer without applying his mind, has wrongly submitted the charge sheet arraying the name of the applicant as an accused. In view of above, this application deserves to be allowed.

4. Per contra, learned A.G.A. urged that there is sufficient evidence against the applicant and there is no occasion for quashing of the impugned summoning order and proceedings of aforesaid case.

5. Having heard learned counsel for the parties, a perusal of record and in the facts and circumstances of the case, a prima facie, case is made out against the applicant. Therefore, prayer for quashing the impugned summoning order as well as proceedings of aforesaid

A482 No. 9362 of 2025

2

case, is declined.

6. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that he may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

7. Learned A.G.A. has no objection in grant of aforesaid prayer.

8. In view of above, it is provided that applicant is permitted to move his discharge applications through counsel within four weeks' from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

9. Till the aforesaid period of four weeks' and during the pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.

10. In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.

11. It is clarified that after disposal of discharge application, the applicant will be subject to regular process of the court concerned, including bail etc.

12. With the above directions, this application is disposed of .

(Rajeev Singh,J.)

November 20, 2025

GauraV/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench