Disposed

Surya Prasad Chaudhry v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Another

Allahabad HC4 Dec 2025/9770/2025

Case brief

AI extract

What is this about?

The applicant sought quashing of summoning orders and criminal proceedings. The counsel did not press for merits but prayed for permission to file a discharge application through counsel. The Court allowed the application, permitting the discharge application to be moved within four weeks and directed expeditious disposal, while staying coercive steps.

What did the court decide?

Permission to move discharge application through counsel within four weeks; stay on coercive steps pending such application.

Surya Prasad Chaudhry Vs State of U.P. Thru. Addl. Chief… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 9770 of 2025

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Surya Prasad Chaudhry

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.....Applicant(s)

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Versus
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another .....Opposite Party(s)
Counsel for Applicant(s) : Ram Kumar Yadav, Amit Kumar Gaur Counsel for Opposite Party(s) : G.A.

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 27.8.2024 passed by Special Judge, PC Act (VII), Lucknow in Sessions Case No.619 of 2023 (State of U.P. vs. Surya Prasad Chaudhary & ors) arising out of case crime no.103 of 2022, u/s 409, 420, 467, 468, 471 IPC, and Section 7/13 of PC Act., as well as entire criminal proceedings P.S. Bachharawan, District Raebareli.

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Learned counsel for the applicant submitted that applicant was appointed on the post of Panchayat Secretary of the village in question and as per the scheme Jatrofa plants were planted over the identified plots and thereafter some complaint was made by Udai Pal Singh, resident of Tammanpur, to District Magistrate, An enquiry was assigned to Assistant Development Officer, Bachharawan, District Raebareli. He conducted a detailed enquiry and found that the .Jatropha plants were planted in the respective year, but during the course of enquiry, villagers also stated that the plants were planted but due to lack of proper safety, the said plants could not be saved. Thereafter, in the FIR in the case in question was lodged on the basis of concocted fact by the Assistant Development Officer.

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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 applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

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A482 No. 9770 of 2025

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

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

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

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

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With above directions, this application stands disposed of .

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December 4, 2025 Pks

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(Rajeev Singh,J.)

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Surya Prasad Chaudhry v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Another

Case brief

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Surya Prasad Chaudhry v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Another

Case brief

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What did the court decide?

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