Maneesh and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Maneesh and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing declined; however, applicants permitted to move a discharge application through counsel within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter; no coercive measures against the applicants for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 6656 of 2023 (Pradeep Kumar v. Maneesh and others), P.S. Etmadpur, District Agra, and/or the impugned order dated 21.10.2024 of the Judicial Magistrate, Court No. 4, Agra, should be quashed or stayed under Section 482 Cr.P.C.

Court's answer

On the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.

Ratio / Principle

All the submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 Cr.P.C.

Key takeaways

This power may be exercised only in cases where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶12
Prayer for quashing the proceedings of Complaint Case No. 6656 of 2023 and for staying the impugned order dated 21.10.2024 is declined.ratio¶13
In the interest of justice, if the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the Trial Court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 78), Application U/S 482 No. 43176 of 2024, Maneesh and 3 others v. State of U.P. and another, decided September 4, 2025 by Hon'ble Nand Prabha Shukla, J.: prayer to quash the entire proceedings of Complaint Case No. 6656 of 2023 (Pradeep Kumar v. Maneesh and others), Police Station Etmadpur, District Agra, and to stay the effect and operation of the impugned order dated 21.10.2024 passed by Judicial Magistrate, Court No. 4, Agra, declined. Held that on the material on record it cannot be said that no offence is made out; the submissions related to disputed questions of fact which cannot be adjudicated upon under Section 482 Cr.P.C., exercisable only where there is failure of justice or abuse of procedure. Applicants permitted to move a discharge application through counsel within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter; no coercive measures for 30 days or till disposal of the discharge application, whichever earlier; application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 43176 of 2024

Maneesh And 3 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Ravindra Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

List revised.

None has appeared for the applicants.

Heard learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Complaint Case No. 6656 of 2023 (Pradeep Kumar v. Maneesh and others), Police Station Etmadpur, District Agra as well as to stay the effect and operation of the impugned order dated 21.10.2024 passed by Judicial Magistrate, Court No. 4, Agra.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice.

Accordingly, prayer for quashing is declined.

However, in the interest of justice, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within

A482 No. 43176 of 2024

2

two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of.

(Nand Prabha Shukla,J.)

September 4, 2025

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad