Rais Ahmad @ Rahees and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rais Ahmad @ Rahees and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; liberty to the applicants to move a discharge application before the court below within three weeks, to be decided in accordance with law, expeditiously, preferably within two months of filing; no coercive action against the applicants for three weeks or till filing of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1083 of 2020 (State Vs. Rahees and others), arising out of Crime No. 213 of 2020, together with the charge sheet dated 15.07.2020 and the cognizance order dated 04.08.2020, are liable to be quashed under Section 482 Cr.P.C.

Court's answer

The prayer for quashing the entire proceedings of Criminal Case No. 1083 of 2020, the charge sheet dated 15.07.2020 and the cognizance/summoning order against the applicants is refused.

Ratio / Principle

If the applicants move a discharge application before the court below within three weeks, the court below shall decide it in accordance with law, expeditiously, preferably within two months from the date of filing of the discharge application.

Key takeaways

No coercive action shall be taken against the applicants for three weeks from today or till the time of filing of the discharge application, whichever is earlier.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.), order dated 21.5.2025 in Application U/S 482 No. 36775 of 2024 (Neutral Citation 2025:AHC:85796). Applicants Rais Ahmad @ Rahees and four others sought quashing of the entire proceedings of Criminal Case No. 1083 of 2020 (State Vs. Rahees and others), arising out of Crime No. 213 of 2020 under Sections 147, 352, 323, 504, 506 I.P.C., P.S. Delhi Gate, District Aligarh, pending before ACJ.M.-III, Aligarh, together with the charge sheet dated 15.07.2020 and the cognizance order dated 04.08.2020. Held: the prayer for quashing was refused. The applicants were permitted to move a discharge application before the court below within three weeks, to be decided in accordance with law, expeditiously, preferably within two months of its filing; and no coercive action was to be taken against the applicants for three weeks or till filing of the discharge application, whichever is earlier. Application disposed of.

Neutral Citation No. - 2025:AHC:85796

Court No. - 84

Case :- APPLICATION U/S 482 No. - 36775 of 2024 Applicant :- Rais Ahmad @ Rahees And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K Singh Gaharwar Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 1083 of 2020 (State Vs. Rahees and others) arising out of Crime no.213 of 2020, under sections 147, 352, 323, 504, 506 I.P.C., P.S.-Delhi Gate, District-Aligarh pending before the ACJ.M.-III, Aligarh as well as to quash the impugned charge sheet dated 15.07.2020 and impugned cognizance order dated 04.08.2020 passed by the Magistrate concerned in the aforementioned case.

Contention of learned counsel for the applicants is that both the parties lodged FIR against each other and received injuries. Instant FIR has been lodged after about a month with malicious intention but no reason given for delay. I.O. has not collected any material evidence to prosecute the applicants in the present case.

Per contra, learned AGA opposed the submission of applicants' counsel and submitted that on perusal of FIR and material evidence, prima facie, offence under the alleged sections is made out against the applicants. Both the sides have sustained injuries. He further submitted that submission raised by applicants' counsel, are disputed question of facts, which cannot be entertained at this stage.

The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused .

However, if applicants move discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of two months from the date of filing of discharge application.

For the period of three weeks from today or till the time of filing of discharge application, whichever is earlier, no coercive action shall be taken against the applicants.

With the above directions, this 482 application is disposed of.

Order Date :- 21.5.2025/Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad