Disposed¶12

Shyam Hari Singh v. State of U.P. and Another

Allahabad HC23 Feb 2025A482/34761/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application disposed of on prayer not pressed; Section 420 IPC complaint case; summoning order dated 19.07.2024; Complaint Case No. 8758 of 2023 (Mahesh Singh Vs. Shyam Hari); Chief Judicial Magistrate, Farrukhabad; liberty to file discharge application within three weeks; interim protection from coercive action; High Court of Judicature at Allahabad; Raj Beer Singh, J.; order dated 24.2.2025.

What did the court decide?

Liberty to move a discharge application before the trial court within three weeks, to be decided expeditiously in accordance with law, with interim protection from coercive action for three weeks and, upon filing of the discharge application within that period, till its disposal, subject to the applicant's cooperation. ¶12

Shyam Hari Singh Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Complaint Case No. 8758 of 2023 (Mahesh Singh Vs. Shyam Hari and others) under Section 420 IPC, including the summoning order dated 19.07.2024, pending before the Chief Judicial Magistrate, Farrukhabad, should be quashed. +1 more

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Court's answer

As the prayer to quash was not pressed, the Court directed that if the applicant moves an application for discharge through counsel before the trial court within three weeks, the application shall be considered and decided expeditiously in accordance with law by the court concerned.

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Ratio / Principle

Interim protection granted: for a period of three weeks from the date of the order, and if a discharge application is filed within that period, till its disposal, no coercive action shall be taken against the applicant, provided the applicant cooperates in early disposal of the discharge application.

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Detailed headnote1 paragraphs

Criminal miscellaneous application under Section 482 Cr.P.C. seeking quashing of the entire proceedings of Complaint Case No. 8758 of 2023 (Mahesh Singh Vs. Shyam Hari and others) under Section 420 IPC, including summoning order dated 19.07.2024, pending before the Chief Judicial Magistrate, Farrukhabad: the prayer was not pressed; the Court permitted the applicant to move an application for discharge before the trial court within three weeks, directing expeditious decision in accordance with law, and ordered that no coercive action be taken against the applicant for three weeks and, if the discharge application is filed within that period, till its disposal, provided the applicant cooperates in early disposal. Application disposed of (Hon'ble Raj Beer Singh, J.; order dated 24.2.2025).

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Neutral Citation No. - 2025:AHC:25840

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 34761 of 2024

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Applicant :- Shyam Hari Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Pal Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including summoning order dated 19.07.2024, of Complaint Case No. 8758 of 2023 (Mahesh Singh Vs. Shyam Hari and others), under Section 420 IPC, P.S.- Kotwali Farrukhabad, District- Farrukhabad, pending in the court of Chief Judicial Magistrate, Farrukhabad.

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

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In view of aforesaid, it is directed that in case applicant moves 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

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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 applicant, provided the applicant cooperates in early disposal of discharge application.

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

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Order Date :- 24.2.2025

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'SP'/-

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

Shyam Hari Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shyam Hari Singh v. State of U.P. and Another

Case brief

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