Vikas Verma Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

Vikas Verma Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to move a discharge application before the court concerned; direction that any such application be decided expeditiously in accordance with law; interim expectation that no coercive action be taken against the applicant for 30 days or till filing of the discharge application, whichever is earlier.

Issue for consideration

Whether the summoning order dated 17/12/2024 passed by the Chief Judicial Magistrate, Pratapgarh, the charge sheet dated 27.07.2024, and the entire proceedings of Criminal Case No. 221/2025 (Case Crime No. 149/2024, Sections 323, 504, 506 IPC, P.S. Kandhai, District Pratapgarh) should be quashed so far as they relate to the applicant (issue raised but not adjudicated; application dismissed as not pressed).

Ratio / Principle

The application under Section 482 Cr.P.C./528 B.N.S.S. is dismissed as not pressed, with liberty to the applicant to move a discharge application before the court concerned.

Key takeaways

If the applicant prefers a discharge application, the same shall be decided expeditiously, in accordance with law, if there is no other legal impediment.ratio¶10
The Police Officer concerned is expected not to take any coercive action against the applicant for a period of 30 days from the date of the order or till the applicant files a discharge application, whichever is earlier.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Neutral Citation 2025:AHC-LKO:18578), Order dated 03.04.2025, Hon'ble Manish Kumar, J. — Application U/S 482 No. 2128 of 2025 filed by Vikas Verma under Section 482 Cr.P.C./528 B.N.S.S. sought quashing of the summoning order dated 17/12/2024 passed by the Chief Judicial Magistrate, Pratapgarh, the charge sheet dated 27.07.2024, and the entire proceedings of Criminal Case No. 221/2025 (Case Crime No. 149/2024, Sections 323, 504, 506 IPC, Police Station Kandhai, District Pratapgarh) so far as they relate to the applicant. After arguing at some length, counsel for the applicant submitted that the applicant did not wish to press the application and sought its dismissal as not pressed with liberty to move a discharge application. The Court dismissed the application as not pressed with such liberty, directed that any discharge application be decided expeditiously in accordance with law if there is no other legal impediment, and observed that the Police Officer concerned is expected not to take any coercive action against the applicant for 30 days from the order or till filing of the discharge application, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:18578

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2128 of 2025

Applicant :- Vikas Verma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Applicant :- Rakesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard.

Present case has been preferred under Section 482 Cr.P.C./528 B.N.S.S. with the following main relief:-

" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 17/12/2024 passed by the Chief Judicial Magistrate, Pratapgarh and the Charge Sheet dated 27.07.2024 as contained in Annexure nos. 1 and 2 to this application as well as the entire proceeding of the Criminal Case No. 221/2025, Case Crime No. 149/2024, under Sections 323, 504, 506 IPC, Police Station Kandhai, District Pratapgarh pending in the Court of the Chief Judicial Magistrate, Pratapgarh, so far these relate to the petitioner, in the interest of justice. "

After arguing at some length, learned counsel for the applicant has submitted that the applicant does not want to press the present case as such, it may be dismissed as not pressed with liberty to move a discharge application before the Court concerned.

As such, the present application is dismissed as not pressed with liberty to the applicant to move discharge application before the court concerned. If any such application is preferred, the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment.

It would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant files discharge application, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.

Order Date :- 3.4.2025 Nitesh

Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench