Susheel Rai vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2025)

Susheel Rai vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Main prayer refused; petition disposed of with directions that the petitioner may file a discharge application within 30 days to be decided by a reasoned and speaking order within two weeks thereafter, and that no coercive action be taken against him for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the order dated 13.09.2024 in Criminal Revision/1000101/2022, the charge sheet dated 05.08.2022 and the cognizance-cum-summoning order dated 25.11.2022 arising out of Case Crime No. 242 of 2022 (Sections 323, 325, 504, 506 IPC, P.S. Devgaon, District Azamgarh) deserve to be set aside, i.e., whether any offence is made out against the petitioner.

Court's answer

On 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

The prayer of the petitioner (for setting aside the revisional order, charge sheet and cognizance-cum-summoning order) is refused.

Key takeaways

If the petitioner moves an application for discharge through counsel within 30 days, the Trial Court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter.ratio¶13
For 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¶14

Detailed headnote1 paragraphs

Article 227 petition by accused seeking setting aside of (i) revisional court order dated 13.09.2024 in Criminal Revision/1000101/2022, (ii) charge sheet dated 05.08.2022, and (iii) cognizance-cum-summoning order dated 25.11.2022, all arising out of Case Crime No. 242 of 2022 under Sections 323, 325, 504, 506 IPC, P.S. Devgaon, District Azamgarh. HELD: on the material on record it cannot be said at this stage that no offence is made out against the petitioner; the prayer was accordingly refused. However, the petitioner was granted liberty to move a discharge application through counsel within 30 days, which the Trial Court was directed to decide by a reasoned and speaking order in accordance with law within two weeks thereafter; and it was directed that for 30 days or till disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioner. Petition disposed of (Allahabad High Court, Nand Prabha Shukla, J., 19.5.2025).

Neutral Citation No. - 2025:AHC:83608

Court No. - 81

Case :- MATTERS UNDER ARTICLE 227 No. - 2218 of 2025

Petitioner :- Susheel Rai Respondent :- State of U.P. and Another Counsel for Petitioner :- Pradeep Yadav Counsel for Respondent :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

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 with the following relief:-

"(i) Set-aside the impugned order dated 13.09.2024 passed by Additional District and Sessions Judge, Court No. 06, Azamgarh in Criminal Revision/1000101/2022 (Susheel Rai Vs. State of U.P. and another), u/s 323, 325, 504 IPC, P.S. Devgaon, District Azamgarh.

(ii) Set aside the charge sheet dated 05.08.2022 u/s 323, 325, 504, 506 IPC, P.S. Devgaon, District Azamgarh arising out of Case Crime No. 242 of 2022.

(iii) Set aside the impugned cognizance cum summoning order dated 25.11.2022, passed by the Additional Chief Judicial Magistrate, Court No. 10 Azamgarh, in Criminal Case No. 8875 of 2022 (State Vs. Susheel Rai and others), u/s 323, 325, 504, 506 IPC, P.S. Devgaon, District Azamgarh arising out of case crime no. 242 of 2022."

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 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 petition is disposed of.

Order Date :- 19.5.2025/Nisha

Digitally signed by :- nisha kumari High Court of Judicature at Allahabad