Zisanuddin Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Zisanuddin Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with direction that a discharge application moved within four weeks shall be decided expeditiously in accordance with law, and interim protection that no coercive process be taken against the applicant for four weeks or till filing of the discharge application, whichever is earlier. The prayer to quash the chargesheet and cognizance/summoning order was not pressed and therefore not adjudicated.

Issue for consideration

Whether the chargesheet dated 11.4.2020 and the cognizance/summoning order dated 23.6.2022 (Case No. 1296 of 2022, arising out of Case Crime No. 122 of 2020, S. 393 IPC) should be quashed under Section 482 Cr.P.C.

Court's answer

If the applicant moves an appropriate application for discharge within four weeks, the same shall be decided expeditiously in accordance with law.

Ratio / Principle

No coercive process shall be taken against the applicant for a period of four weeks from the date of this order or till the filing of the discharge application, whichever is earlier.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Jitendra Kumar Sinha, J.) | Application u/s 482 Cr.P.C. No. 41166 of 2024, Zisanuddin v. State of U.P. & Anr. | Decided: September 11, 2025 | Applicant faced proceedings under S. 393 IPC (Case Crime No. 122 of 2020, P.S. Kareli, District Allahabad) with a chargesheet dated 11.4.2020 and a cognizance/summoning order dated 23.6.2022 passed by the Judicial Magistrate, Room No. 4, Allahabad (Case No. 1296 of 2022). At the hearing the applicant withdrew the prayer to quash and sought liberty to file a discharge application with interim protection. Court disposed of the application, directing that a discharge application filed within four weeks be decided expeditiously in accordance with law, and that no coercive process be taken against the applicant for four weeks or till filing of the discharge application, whichever is earlier. Quashing merits were not adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 41166 of 2024

Zisanuddin

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Mithilesh Kumar Rehan Sayeed	Ojha,	Mohammad
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Mr. Mohammad Rehan Sayeed, learned counsel for the applicant and Mr. Manoj Gautam, learned A.G.A. for the State.

This application u/s 482 Cr.P.C. has been filed with the prayer to quash the chargesheet dated 11.4.2020 as well as cognizance/summoning order dated 23.6.2022 passed by the court of Judicial Magistrate, Room No. 4, Allahabad in Case No. 1296 of 2022, under sections 393 IPC, P.S. Kareli, District Allahabad arising out of Case Crime No. 122 of 2020. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application.

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

In view of aforesaid, it is directed that in case the applicant moves an appropriate application for discharge within four weeks from today, the same shall be decided expeditiously in accordance with law. For a period of four weeks from today or till the filing of discharge application, whichever is earlier, no coercive process shall be taken against applicant.

A482 No. 41166 of 2024

2

The application is disposed of accordingly.

(Jitendra Kumar Sinha,J.)

September 11, 2025 SY

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