Rajendra Prasad @ Rajendra Prasad Chaudhary and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Rajendra Prasad @ Rajendra Prasad Chaudhary and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to file an application for discharge under Cr.P.C. within two weeks; the learned trial court directed to dispose of it within four weeks thereafter; and no coercive steps against the applicants until expiry of six weeks or disposal of the discharge application, whichever is earlier. The quashing prayer was not decided on merits.

Issue for consideration

Whether the entire consequential proceedings of Complaint Case No. 74/2024 (Geeta Verma versus Rajendra Prasad Chaudhary and others) under Sections 504, 506, 427 IPC and Section 3(1)(Da)(Dha) SC/ST Act, and the summoning order dated 11.09.2025 passed by the Special Judge, SC/ST Act, Raebareli, ought to be set aside/quashed under Section 482 Cr.P.C./Section 528 B.N.S.S.

Court's answer

The applicants are granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C. within a period of two weeks, the State counsel having raised no objection to such an application being filed.

Ratio / Principle

After the discharge application is filed, the learned trial court is directed to dispose of the same within a period of four weeks thereafter.

Key takeaways

Until expiry of six weeks or disposal of the application for discharge, whichever is earlier, no coercive steps shall be taken against the applicants.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J.: Application under Section 482 Cr.P.C./Section 528 B.N.S.S. by Rajendra Prasad @ Rajendra Prasad Chaudhary and 2 others, seeking quashing of the entire consequential proceedings of Complaint Case No. 74/2024 (Geeta Verma versus Rajendra Prasad Chaudhary and others) under Sections 504, 506, 427 IPC and Section 3(1)(Da)(Dha) SC/ST Act (Police Station Bachhrawan, District Raebareli) and the summoning order dated 11.09.2025 of the learned Special Judge, SC/ST Act, Raebareli, disposed of without deciding the quashing prayer on merits. Since learned counsel for the applicants wished to move a discharge application and the State raised no objection, the applicants were granted liberty to file a discharge application under Cr.P.C. within two weeks; the trial court was directed to dispose of it within four weeks thereafter; and until expiry of six weeks or disposal of the discharge application, whichever is earlier, no coercive steps were to be taken against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10412 of 2025

Rajendra Prasad @ Rajendra Prasad Chaudhary And 2 Others

.....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Shishir Pradhan, Rajendra Prasad Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicants as well as learned Additional Government Advocate and perused the record.

By means of this application under Section 482 Cr.P.C./Section 528 B.N.S.S., the applicants have sought following main relief(s):-

"to allow this instant petition under section-482 of Cr. P.C. Now Under Section-528 of B.N.S.S., 2023 and set aside/quash the entire consequential proceedings of Complaint Case No. 74/2024 (Geeta Verma Versus Rajendra Prasad Chaudhary and others), Under Section-504, 506, 427 I.P.C. & Section-3 (1) Da. Dha of SC/ST Act, Police Station-Bachhrawan, District-Raebareli and summoning order dated 11.09.2025 passed by the court of learned Special Judge, SC/ST Act, Raebareli, as contained in Annexure No. 1 to the affidavit, in the interest of justice."

Learned counsel for the applicant submits that he would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not have any objection.

Accordingly, the applicants are granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., within a period of two weeks from today. After the said application is filed, learned trial court is directed to dispose of the same within a period of four weeks thereafter.

A482 No. 10412 of 2025

2

Till expiry of six weeks or disposal of application for discharge, whichever is earlier, no coercive steps shall be taken against the applicants.

With the aforesaid observations/directions, this application stands disposed of .

December 9, 2025 Mohit Singh/-

(Brij Raj Singh,J.)

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench