Nabijullah and Another Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Nabijullah and Another Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to move a discharge application through counsel within three weeks; direction that such application, if filed, be heard and decided expeditiously by a reasoned and speaking order; interim protection that no coercive steps be taken against the applicants for six weeks or till decision on the discharge application, whichever is earlier.

Issue for consideration

Whether the charge sheet dated 10.11.2020 and the summoning order dated 14.12.2020 passed in S.T. No. 1284 of 2020 ought to be quashed. +1 more

Ratio / Principle

It is provided that the applicants may move their discharge application through counsel within three weeks.

Key takeaways

If such a discharge application is filed, it shall be heard and decided expeditiously, after hearing the parties, in accordance with law, by means of a reasoned and speaking order.ratio¶17
For a period of six weeks, or till the decision on the discharge application, whichever is earlier, no coercive steps shall be taken against the applicants in the aforesaid case.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajeev Singh, J.; December 12, 2025) disposed of an application under Section 482 (cause title: 'APPLICATION U/S 482 No. - 9937 of 2025') by Nabijullah and another seeking quashing of the charge sheet dated 10.11.2020 and the summoning order dated 14.12.2020 passed in S.T. No. 1284 of 2020, arising out of F.I.R. No. 109 of 2019 under Section 2/3 U.P. Gangster & Anti-Social Activities (Prevention) Act, P.S. Salon, District Raebareli, in which cognizance had been taken on 14.12.2020 but the charge had not been framed. Learned counsel did not press the application on merits and confined the prayer to leave to file a discharge application, to which the learned A.G.A. raised no objection. The court permitted the applicants to move a discharge application through counsel within three weeks, directed that such application be heard and decided expeditiously in accordance with law by a reasoned and speaking order, and held that no coercive steps shall be taken against the applicants for six weeks or till decision on the discharge application, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9937 of 2025

Nabijullah And Another

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Rajan Singh Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

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

This application has been filed for quashing the charge sheet dated 10.11.2020 as well as summoning order dated 14.12.2020 passed in S.T. No. 1284 of 2020, arising out of F.I.R. No. 109 of 2019, under Section 2/3 U.P. Gangster & Anti-Social Activities (Prevention) Act, P.S. Salon, District Raebareli.

Learned counsel for the applicants submits that charge sheet was submitted by the Investigating Officer in mechanical manner and the cognizance was taken by the court below on 14.12.2020, but till today, the charge has not been framed. However, after arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

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

In view of above, it is provided that applicants may move their discharge application through counsel within three weeks from

A482 No. 9937 of 2025

2

today and, in case, any such application is 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.

For a period of six weeks or till the decision on the discharge application, whichever is earlier, no coercive steps shall be taken against the applicants in the aforesaid case.

With the above directions, this application is disposed of.

(Rajeev Singh,J.)

December 12, 2025 VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench