Amar Pal and 8 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Amar Pal and 8 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application u/s 482 Cr.P.C. disposed of; applicants permitted to file a discharge application through counsel within three weeks, to be considered and decided expeditiously in accordance with law, with interim protection (no coercive action) for three weeks and, if the discharge application is timely filed, till its disposal, provided the applicants cooperate in early disposal.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 333 of 2020, including the summoning order dated 13.03.2024, pending before the Chief Judicial Magistrate, Firozabad, should be quashed under S. 482 Cr.P.C. +1 more

Ratio / Principle

In case the applicants move an application for discharge through counsel before the trial court concerned within three weeks from the date of the order, the same shall be considered and decided expeditiously in accordance with law by the court concerned.

Key takeaways

For a period of three weeks from the date of the order, and, in case the discharge application is filed within that period, till the disposal of the discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of the discharge application.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Raj Beer Singh, J.), Order dated 13.02.2025, Application u/s 482 Cr.P.C. No. 20212 of 2024: Amar Pal and 8 Others had sought quashing of the entire proceedings, including the summoning order dated 13.03.2024, of Complaint Case No. 333 of 2020 (Raghuveer Singh Vs. Amarpal and others) under Sections 427, 504, 506 IPC, P.S. Narkhi, District Firozabad, pending before the Chief Judicial Magistrate, Firozabad. After argument, counsel for the applicants submitted that the prayer to quash was not being pressed and requested liberty to seek discharge with interim protection. The application was disposed of with directions that a discharge application moved through counsel within three weeks be considered and decided expeditiously in accordance with law, and that for three weeks - and, if the discharge application is filed within that period, till its disposal - no coercive action be taken against the applicants, provided they cooperate in early disposal.

Neutral Citation No. - 2025:AHC:20267

Court No. - 73

Case :- APPLICATION U/S 482 No. - 20212 of 2024

Applicant :- Amar Pal And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

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

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including summoning order dated 13.03.2024, of Complaint Case No. 333 of 2020 (Raghuveer Singh Vs. Amarpal and others), under Sections 427, 504, 506 IPC, P.S.Narkhi, District- Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad.

After arguing at some length, learned counsel for the applicants submitted that the prayer as made above is not being pressed and that applicants may be permitted to move an application for discharge through counsel before the Court concerned and till then protection may be granted to the applicants.

In view of aforesaid, it is directed that in case applicants move an application for discharge through counsel before the trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with

law by the court concerned. It is further directed that for a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application.

The application u/s 482 Cr.P.C. is disposed of with aforesaid observations.

Order Date :- 13.2.2025

'SP'/-

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad