Surya Prakash @ Amol Chandra and Another v. State of U.P. and Another
Case brief
What is this about?
Section 482 Cr.P.C. application disposed of with prayer to quash refused; orders dated 14.02.2023 and 01.05.2024 of Additional Chief Judicial Magistrate, Court No. 1, Kanpur Dehat in Complaint Case No. 596 of 2011 (offence under Sections 376, 323, 504, 506, 452, 427 IPC, P.S. Mangalpur, District Kanpur Dehat) not quashed; offence deemed made out at this stage; applicants allowed to file discharge applications within 30 days, Trial Court to decide by reasoned and speaking order within two weeks thereafter; no coercive steps for 30 days or till disposal of discharge application, whichever earlier; interim protection from arrest/coercive action; Allahabad High Court; Nand Prabha Shukla, J.; decided September 25, 2025; applicants Surya Prakash @ Amol Chandra and another; opposite parties State of U.P. and another; counsel Saurabh Kumar Pandey; G.A. for State.
What did the court decide?
Quashing of the orders and stay of proceedings were refused; however, the applicants were permitted to move discharge applications through counsel within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter, with no coercive action against the applicants for 30 days or till disposal of the discharge application, whichever is earlier.