Yasmeen and 4 Others Vs State of U.P. Thru. Prin. Secy… — Narcotics (NDPS) | Allahabad HC (2025)

Yasmeen and 4 Others Vs State of U.P. Thru. Prin. Secy… — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicants to move a discharge application through counsel before the Magistrate concerned within two weeks; the Magistrate to pass final orders within four weeks thereafter; no coercive action against the applicants for six weeks or until the discharge application is decided, whichever is earlier; the benefit stands cancelled if the applicants default or fail to cooperate.

Issue for consideration

Whether the order dated 07.11.2024 in Criminal Revision No.201 of 2024 and the entire criminal proceedings arising from the order dated 23.05.2024 in Complaint Case No.2477 of 2024 (under Sections 323, 506 IPC) ought to be quashed.

Court's answer

Without entering into the merits, liberty is granted to the applicants to move a discharge application through counsel before the Magistrate concerned within a period of two weeks from the date of the order.

Ratio / Principle

The Magistrate concerned is directed to pass final orders on the discharge application within four weeks thereafter.

Key takeaways

Interim protection: for a period of six weeks or until the discharge application is decided, whichever is earlier, no coercive action shall be taken against the applicants in respect of the complaint and the summoning order.ratio¶¶11
The interim benefit stands cancelled automatically, without further reference to the Court, if the applicants fail to move the discharge application within the stipulated time or fail to cooperate in the proceedings on the date fixed.ratio¶¶14

Detailed headnote1 paragraphs

Criminal Miscellaneous Application under Section 482 Cr.P.C. (Allahabad High Court, Lucknow Bench) — Applicants (Yasmeen and 4 others) sought quashing of the order dated 07.11.2024 in Criminal Revision No. 201 of 2024 and of the entire criminal proceedings founded on the order dated 23.05.2024 in Criminal Case No. 2477 of 2024 (Suraiya Begam v. Yasmeen), instituted under Sections 323 and 506 IPC before the Judicial Magistrate II, Raebareli. Counsel for the applicants did not press the application and sought leave to move a discharge application before the trial Magistrate, submitting that the offence was triable by a Magistrate and of minor nature. Held (without entering into the merits): liberty granted to file the discharge application through counsel within two weeks; the Magistrate concerned to decide it within four weeks thereafter; no coercive action against the applicants for six weeks or until the discharge application is decided, whichever is earlier; the protection lapses automatically upon failure to file or non-cooperation. Application disposed of.

Court No. - 28 Case :- APPLICATION U/S 482 No. - 314 of 2025 Applicant :- Yasmeen And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Counsel for Applicant :- Rahul Kumar Shukla,Prashant Singh,Shivam Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Brij Raj Singh,J.

Vakalatnama filed by Shri Bharat Kumar Dixit, Advocate on behalf of opposite party no. 2 is taken on record.

Heard learned counsel for the applicants and Shri Bharat Kumar Dixit, learned counsel for the opposite party and learned AGA for the State.

The present 482 Cr.P.C. application has been filed with a prayer to quash the order dated 07.11.2024 of Criminal Revision No.201 of 2024 (Yasmeen and others vs. State of U.P. and others) passed by the court of Additional Sessions Judge VII/Special Judge (NDPS Act), Raebareli as well as to quash the entire criminal proceeding of order dated 23.05.2024 of Complaint Case/Warrant or Summons in Criminal Case No.2477 of 2024 (Suraiya Begam vs. Yasmeen and others) passed by the court of Judicial Magistrate II, Raebareli, under Sections 323, 506 IPC, District Raebareli.

Vide order dated 16.01.2025, opposite party no. 2 is present in person and on asking whether she is ready for mediation she has refused to go for mediation.

After arguing at some length, counsel for the applicants submits that he does not want to press this application/petition, however, he submitted that the offence is triable by Magistrate and is of minor nature, therefore, the applicants may be allowed to move a discharge application before the Magistrate through counsel.

Without entering into the merits of the case, liberty is granted to the applicants to move discharge application through counsel before the Magistrate concerned, within a period of two weeks from today. The Magistrate concerned will pass final orders on this application within a period of four weeks thereafter.

For a period of six weeks or till the date, the discharge application is decided, whichever is earlier, no coercive action shall be taken against the applicants in respect of the aforesaid complaint and summoning order.

The Magistrate concerned will ensure to decide the discharge application within the period as specified above.

9. Application stands disposed of .

It is made clear, in case the applicants fail to move the discharge application within the time stipulated by this Court or does not cooperate in the proceedings on the date fixed, the benefit granted by this Court will stand cancelled without reference to the Court.

Order Date :- 7.2.2025/Pks

Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench