Sandeep Goswami and 2 Others Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

Sandeep Goswami and 2 Others Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Permission to submit discharge application(s) through counsel within four weeks; expeditious disposal of such application(s) by a reasoned and speaking order; interim bar on coercive steps during the four weeks and pendency of the discharge application(s); benefit forfeited if the discharge application is not filed within the period.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 1794 of 2024 (Manoj Kumar Gupta v. Naveen Goswami and others) pending at Ayodhya and the summoning order dated 23.10.2024 under Sections 406, 323 IPC should be quashed. +1 more

Ratio / Principle

Applicants permitted to move discharge application(s) through counsel within four weeks; any such application shall be heard and decided expeditiously, after hearing the parties, in accordance with law, by a reasoned and speaking order.

Key takeaways

Notice to opposite party no. 2 dispensed with in light of the proposed order.¶8
Till expiry of the four-week period and during pendency of the discharge application(s), no coercive steps shall be taken against the applicants in the aforesaid case.ratio¶13
On failure to move the discharge application(s) within the stipulated period, the applicants will not be entitled to the benefit of this order.ratio¶14

Detailed headnote1 paragraphs

Application under S. 482 Cr.P.C. (now S. 528 of BNSS) by Sandeep Goswami and 2 others to quash the proceedings of Complaint Case No. 1794 of 2024 (Manoj Kumar Gupta v. Naveen Goswami and others) before the Additional Civil Judge (Senior Division)-IVth/Additional Chief Judicial Magistrate, Ayodhya, and the summoning order dated 23.10.2024 under Sections 406, 323 IPC (Police Station Kotwali Nagar, District Ayodhya): merits not pressed; prayer confined to liberty to file discharge application(s) through counsel within four weeks, to be heard and decided expeditiously in accordance with law through a reasoned and speaking order; no coercive steps against the applicants until expiry of the four weeks and during pendency of the discharge application(s), subject to forfeiture of this benefit if the discharge application is not filed within the period. Application disposed of accordingly. Order dated 28.4.2025 (Alok Mathur, J.), Allahabad High Court, Lucknow Bench.

Neutral Citation No. - 2025:AHC-LKO:24555

Court No. - 12

Case :- APPLICATION U/S 482 No. - 3418 of 2025

Applicant :- Sandeep Goswami And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

Counsel for Applicant :- Pratibha Singh,Prashansa Singh Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

In the light of proposed order notice to opposite party no. 2 is dispensed with.

This application under Section 482 Cr.P.C. (now Section 528 of BNSS) has been filed by the applicants for quashing the entire proceedings of Complaint Case No. 1794 of 2024 - Manoj Kumar Gupta Vs. Naveen Goswami and others, pending in the Court of Additional Civil Judge (Senior Division) -IVth/Additional Chief Judicial Magistrate, Ayodhya as well as summoning order dated 23.10.2024, passed in the aforesaid case summoning the applicants under Sections 406, 323 IPC pertaining to Police Station - Kotwali Nagar, District - Ayodhya.

After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application(s) through counsel and suitable directions may be issued for expeditious disposal of the same.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that applicants are permitted to move their discharge application(s) through counsel within four weeks' from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.

In case of failure on the part of applicants in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.

With above directions this application stands disposed of .

Order Date :- 28.4.2025 A. Verma

(Alok Mathur, J.)

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench