Vishram Maurya and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vishram Maurya and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of proceedings/charge sheet/summoning order refused; liberty granted to file a discharge application within three weeks (to be decided expeditiously, preferably within eight weeks); direction that no coercive action be taken against the applicants for three weeks or until filing of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings in Criminal Case No. 10483 of 2020, including the charge sheet dated 18.07.2020 and summoning order dated 29.10.2020, arising out of Case Crime No. 144 of 2019 (ss. 147, 323, 504, 452 IPC, P.S. Sikariganj, Gorakhpur), ought to be quashed under Section 482 Cr.P.C.

Court's answer

The prayer to quash the entire proceedings, charge sheet and cognizance/summoning order against the applicants is refused; the prosecution proceedings are permitted to continue.

Ratio / Principle

The applicants are granted liberty to move a discharge application before the court below within three weeks, and the court below shall decide it in accordance with law expeditiously, preferably within eight weeks of its filing.

Key takeaways

Interim protection: for three weeks from the order, or until filing of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants.ratio¶14

Detailed headnote1 paragraphs

Section 482 Cr.P.C. — quashing of entire proceedings including charge sheet dated 18.07.2020 and summoning order dated 29.10.2020 in Criminal Case No. 10483 of 2020 (arising out of Case Crime No. 144 of 2019, ss. 147, 323, 504, 452 IPC, P.S. Sikariganj, District Gorakhpur) sought on grounds that FIR allegations are false, unsupported by material evidence and disputed questions of fact arise — Held, prayer for quashing refused; applicants given liberty to move a discharge application before the trial court within three weeks, which shall be decided in accordance with law expeditiously, preferably within eight weeks; no coercive action against applicants for three weeks or till filing of the discharge application, whichever is earlier; 482 application disposed of.

Neutral Citation No. - 2025:AHC:110295

Court No. - 72

Case :- APPLICATION U/S 482 No. - 39925 of 2024

Applicant :- Vishram Maurya And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Sen Pal,Jay Devi Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

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 proceeding including charge sheet dated 18.07.2020 as well as summoning order dated 29.10.2020 in Criminal Case No. 10483 of 2020 (State Vs. Vishram Maurya and others) arising out of Case Crime No. 144 of 2019, under sections 147, 323, 504, 452 of I.P.C., Police Station-Sikariganj, District-Gorakhpur, pending in the Court of Judicial Magistrate-II, Gorakhpur.

The contention of learned counsel for the applicants is that all allegation in FIR is false and baseless and not supported by any evidence. FIR version are supported by medical examination report. There is no material evidence to prosecute the applicants in the present case. Applicants are enlarged on bail. No case under the alleged sections is made out.

Per contra, learned AGA opposed the submission of applicants' counsel and submitted that prima facie, offence under the alleged sections is made out against the applicants. 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 eight weeks 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 :- 10.7.2025 Nitin Verma

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