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

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

What the court decided

AI extract

Outcome

Petition disposed of without interference with the complaint proceedings; applicant permitted to seek discharge through a counsel-filed application within fifteen days, to be disposed of by the trial court expeditiously, preferably within one month; benefit of the order conditional on filing within the stated period.

Issue for consideration

Whether the pending proceedings of Complaint Case No.106 of 2018 (Makbool Hasan vs. Muneer Ahmad) under Sections 467 and 471 IPC, pending before the Chief Judicial Magistrate, Pratapgarh, should be quashed. +1 more

Court's answer

On consideration of the submissions advanced and perusal of the complainant's statement under s.200 CrPC and the witnesses' statements under s.202 CrPC, prima facie commission of offence is made out, and no interference is warranted in the pending complaint proceedings.

Ratio / Principle

The applicant is permitted to move an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days.

Key takeaways

Such discharge application shall be considered and disposed of as expeditiously as possible, in accordance with law, by the concerned Court below preferably within a period of one month thereafter.ratio¶¶13
If no such discharge application is filed within the prescribed period of fifteen days, the benefit of the present order shall not be available to the applicant.ratio¶¶14

Detailed headnote1 paragraphs

Application under s.482 CrPC (APPLICATION U/S 482 No. 1597 of 2025, Allahabad High Court, Lucknow Bench) by Mohd. Khalid for quashing of the pending proceedings of Complaint Case No.106 of 2018, Makbool Hasan vs. Muneer Ahmad, under sections 467 and 471 IPC, Police Station Kotwali Nagar, District Pratapgarh, before the Chief Judicial Magistrate, Pratapgarh. On due consideration of the submissions and perusal of the complainant's statement under s.200 CrPC and the witnesses' statements under s.202 CrPC, the Court found prima facie commission of offence and declined interference. The petition was finally disposed of with directions: the applicant may move an appropriate application for discharge through counsel before the Court below within fifteen days; the same shall be considered and disposed of as expeditiously as possible, preferably within one month thereafter; failing filing within fifteen days, the benefit of the order shall not enure to the applicant. Single-judge bench: Hon'ble Karunesh Singh Pawar, J. Order dated 19.2.2025.

Neutral Citation No. - 2025:AHC-LKO:10746

Court No. - 16

Case :- APPLICATION U/S 482 No. - 1597 of 2025

Applicant :- Mohd. Khalid Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajmal Khan,Javed Khan Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Vakalatnama filed by Shri Vinay Misra, Advocate on behalf of respondent no.2 is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for respondent no.2.

The present petition has been filed for quashing of the proceedings of Complaint Case No.106 of 2018, Makbool Hasan vs. Muneer Ahmad, under section 467, 471 IPC, Police Station Kotwali Nagar, District Pratapgarh, pending in the court of learned Chief Judicial Magistrate, Pratapgarh.

On due consideration to the submission advanced, perusal of the statement of

the complainant under section 200 CrPC as well as the witnesses under section 202 CrPC, prima facie commission of offence is made out. No interference is warranted in the present case.

At this stage, learned counsel for the applicant submits that the applicant may be permitted to move an application for discharge through counsel and the same may be decided by the trial court in a time bound manner.

Accordingly, it is provided that in case the applicant moves an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and

disposed of as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter.

In case, no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicant.

With the aforesaid directions, this petition is finally disposed of .

Order Date :- 19.2.2025 Madhu D.R/P.S

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench