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

Subhash 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

Liberty to the applicant to prefer an application for discharge before the court concerned; the trial court to consider and decide it expeditiously, in accordance with law, by a reasoned and speaking order. The prayers to quash the summoning order and to stay proceedings were not separately granted; the application was disposed of finally on this course.

Issue for consideration

Whether the summoning order dated 24.12.2019 passed by the Chief Judicial Magistrate, Court no. 18, Barabanki in Criminal Case No. 8256/2019 (State v. Subhash and others, arising out of Case Crime No. 325/2019, U/s. 380, 411 I.P.C.) should be quashed. +1 more

Court's answer

The application under Section 482 Cr.P.C. was disposed of with liberty to the applicant to prefer an application for discharge before the court concerned; the merits of the quashing prayer were not adjudicated.

Ratio / Principle

Any discharge application preferred by the applicant shall be considered and decided by the trial court expeditiously, in accordance with law, by means of a reasoned and speaking order.

Detailed headnote1 paragraphs

Criminal Matter — Application under Section 482 Cr.P.C. (No. 11646 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Court No. 12; Neutral Citation 2025:AHC-LKO:3; Hon'ble Saurabh Lavania, J.; Order Date 2.1.2025). Applicant Subhash sought quashing of the summoning order dated 24.12.2019 passed by the Chief Judicial Magistrate, Court no. 18, Barabanki, instituting Criminal Case No. 8256/2019 (State v. Subhash and others) arising out of Case Crime No. 325/2019, U/s. 380, 411 I.P.C., Police Station Fatehpur, District Barabanki (charge-sheet no. 285/2019 dated 22.11.2019), together with a prayer to stay further proceedings. After argument, learned counsel for the applicant sought disposal with liberty to move a discharge application before the trial court; the opposite side raised no objection. The court disposed of the application finally with liberty to prefer a discharge application, directing that it be considered and decided by the trial court expeditiously, in accordance with law, by means of a reasoned and speaking order; the merits of the quashing question were not adjudicated.

Neutral Citation No. - 2025:AHC-LKO:3

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11646 of 2024 Applicant :- Subhash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Mahesh Prasad Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record.

The present application under Section 482 Cr.P.C., has been filed for the following main relief:-

"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 24.12.2019 passed by Learned Chief Judicial Magistrate, Court no. 18, Barabanki in Criminal Case No. 8256/2019, State vs. Subhash and others Case Crime No. 325 / 2019, U/s. 380, 411 I.P.C., Police Station-Fatehpur, District-Barabanki in charge sheet no. 285 / 2019 dated 22.11.2019, in the interest of justice.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No. 8256/2019, State vs. Subhash and others Case Crime No. 325 / 2019, U/s. 380, 411 I.P.C., Police Station-Fatehpur, District-Barabanki, in the interest of justice."

After arguing the matter at some length, learned counsel for the applicant submitted that the instant application may be disposed of with liberty to the applicant to move discharge application before the court concerned, which may be directed to be decided expeditiously.

To the aforesaid, there is no objection.

Accordingly, the instant application is disposed of with liberty to the applicant to prefer an application for discharge before the court concerned, which shall be considered and decided by the trial court expeditiously, in accordance with law, by means of reasoned and speaking order.

With the aforesaid, the instant application is disposed of finally .

Order Date :- 2.1.2025

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench