Kailash vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2025)

Kailash vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer of the petitioner refused; however, petitioner permitted to move a discharge application through counsel within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter, and no coercive action to be taken against the petitioner for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the impugned revisional order dated 27.01.2025 passed by the Sessions Judge, Bijnor in Criminal Revision No.163 of 2024, the summoning order dated 18.05.2024 passed by the Additional Chief Judicial Magistrate-Ist, Bijnor, and the entire criminal proceedings of Criminal Misc. Case No.759 of 2024 ought to be set aside.

Court's answer

From the perusal of the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the petitioner.

Ratio / Principle

In case the petitioner moves an application for discharge through counsel within 30 days, the Trial Court shall dispose of the same by a reasoned and speaking order in accordance with law within two weeks thereafter.

Key takeaways

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioner in the aforesaid case.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) — MATTERS UNDER ARTICLE 227 No. 2087 of 2025, decided 9.5.2025. Petition under Article 227 of the Constitution of India by Kailash sought setting aside of the revisional order dated 27.01.2025 of the Sessions Judge, Bijnor in Criminal Revision No.163 of 2024, the summoning order dated 18.05.2024 of the Additional Chief Judicial Magistrate-Ist, Bijnor in Criminal Misc. Case No.759 of 2024 (State vs. Satish Chaudhary @ Raddi), and the entire criminal proceedings arising out of Case Crime No.50 of 2024, under Sections 306, 406, 506 IPC, Police Station Afzalgarh, District Bijnor. The Court held that, on the material on record, at that stage it could not be said that no offence was made out against the petitioner, refused the prayer, but directed that if a discharge application is moved through counsel within 30 days it shall be decided by a reasoned and speaking order within two weeks thereafter, and that no coercive action be taken against the petitioner for 30 days or till disposal of the discharge application, whichever is earlier.

Neutral Citation No. - 2025:AHC:75804

Court No. - 81

Case :- MATTERS UNDER ARTICLE 227 No. - 2087 of 2025 Petitioner :- Kailash Respondent :- State of U.P. and Another Counsel for Petitioner :- Birendra Singh Khokher Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.

Supplementary affidavit filed today by learned counsel for the petitioner is taken on record.

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

The instant petition under Article 227 of the Constitution of India has been filed to set-aside the impugned revisional order dated 27.01.2025 passed by learned Sessions Judge, Bijnor passed in Criminal Revision No.163 of 2024 (Kailash vs. State of U.P. and another alongwith impugned summoning order dated 18.05.2024 passed by learned Additional Chief Judicial Magistrate-Ist Bijnor as well as entire criminal proceedings of the Criminal Misc. Case No.759 of 2024 (State vs. Satish Chaudhary @ Raddi) arising out of Case Crime No.50 of 2024, under Sections 306, 406, 506 IPC, Police Station Afzalgarh, District Bijnor, pending in the Court of learned Additional Chief Judicial Magistrate-Ist, Bijnor.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the petitioner.

Accordingly, prayer of the petitioner is refused.

However, in view of the submissions, it is provided that in case the petitioner moves an application for discharge through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioner in the aforesaid case.

With the aforesaid direction, this application is disposed of.

Order Date :- 9.5.2025/Monika

Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad