Lokendra Kumar @ Lokesh Kumar Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

Lokendra Kumar @ Lokesh Kumar Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with direction: if the applicant files a discharge application within three weeks, the court concerned to consider and decide it expeditiously within four weeks in accordance with law; till then, no coercive action against the applicant.

Issue for consideration

Whether the application under S. 482 Cr.P.C. seeking a stay of the summoning order dated 24.04.2024 and the entire proceedings of Criminal Case No. 26834 of 2024 should be allowed, given that cognizance was taken and summons issued against the applicant under Sections 420 and 406 I.P.C. jointly and, per the Apex Court's judgment in Delhi Race Club (supra), such proceedings cannot run simultaneously.

Court's answer

Since the trial court took cognizance and issued summons against the applicant under Sections 420 and 406 I.P.C. jointly, in view of the Hon'ble Apex Court's judgment in Delhi Race Club (supra), both proceedings cannot run simultaneously.

Ratio / Principle

The application is disposed of with the direction that if the applicant moves a discharge application within a period of three weeks, the court concerned is expected to consider and decide the same expeditiously within a period of four weeks, in accordance with law.

Key takeaways

Till then (i.e., during the three-week/four-week window for filing and disposal of the discharge application), no coercive action shall be taken against the applicant in the aforesaid case.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.) disposed of an Application U/S 482 (No. 37645 of 2024) by Lokendra Kumar @ Lokesh Kumar seeking stay of the summoning order dated 24.04.2024 passed by the Chief Judicial Magistrate, Ghaziabad and of the entire proceedings of Criminal Case No. 26834 of 2024 (State vs. Lokendra Kumar @ Lokesh Kumar), arising out of Case Crime No. 187 of 2024 under Sections 420, 406, 506 I.P.C., P.S. Kavi Nagar, District Nagar (Commissionerate Ghaziabad). Observing that cognizance had been taken and summons issued against the applicant under Sections 420 and 406 I.P.C. jointly, the Court, in view of the Hon'ble Apex Court's judgment in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248, held that both proceedings cannot run simultaneously; it disposed of the application directing that a discharge application moved within three weeks be considered and decided expeditiously within four weeks in accordance with law, and that till then no coercive action be taken against the applicant.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 37645 of 2024

Lokendra Kumar @ Lokesh Kumar

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Surendra Kumar Sharma
Counsel for Opposite Party(s)	: G.A.

Court No. - 82

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Surendra Kumar Sharma, learned counsel for the applicant and learned A.G.A for the State.

The present application u/s 482 Cr.P.C. has been filed by the applicant to stay summoning order dated 24.04.2024 passed by Chief Judicial Magistrate, Ghaziabad as well as entire proceeding of Criminal Case No. 26834 of 2024 (State vs. Lokendra Kumar @ Lokesh Kumar) arising out of Case Crime No. 187 of 2024, under Sections 420, 406, 506 I.P.C., Police Station Kavi Nagar, District Nagar (Commissionerate Ghaziabad), pending in the Court of Chief Judicial Magistrate, Ghaziabad.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the F.I.R. is false, baseless and not supported by any evidence. The I.O. without collecting material evidence, in very hasty manner, submitted charge sheet under the aforesaid sections and the learned Magistrate without applying judicial mind took cognizance and issued summons against the applicant. It is next submitted that proceedings under Sections 420 and 406 I.P.C. cannot run jointly in view of the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248 .

Per contra, learned A.G.A. vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant is disputed question of facts which cannot be considered, at this stage. On perusal of F.I.R. and other material evidence collected by the I.O., prima facie , offence is made out against the applicant.

A482 No. 37645 of 2024

2

Considering the argument raised by counsel for the applicants and perused the record. Since the trial court took cognizance and issued summon against the applicant under Sections 420 and 406 I.P.C. jointly, in view of judgment of Hon. Apex Court in the case of Delhi Race Club (supra), both proceedings cannot run simultaneously.

In view of the aforesaid judgement of Apex Court in Delhi Race Club (supra), the application is disposed of with direction that if the applicant moves discharge application within a period of three weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks, in accordance with law.

Till then no coercive action shall be taken against the applicant in the aforesaid case.

October 13, 2025 Manoj

(Tej Pratap Tiwari,J.)

Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad