Vishnu Kant Shukla Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

Vishnu Kant Shukla Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing prayer refused; applicant granted liberty to move a discharge application before the court below within three weeks, to be decided in accordance with law expeditiously (preferably within eight weeks of filing); no coercive action against the applicant till then.

Issue for consideration

Whether the charge-sheet dated 20.08.2023, the summoning order dated 01.11.2023 and the entire proceedings of Criminal Case No.26 of 2024 against the applicant should be quashed under Section 482 Cr.P.C.

Court's answer

The prayer for quashing the entire proceedings, charge-sheet and summoning order of the aforesaid case against the applicant is refused.

Ratio / Principle

If the applicant moves a discharge application before the concerned court below within three weeks, the court below shall decide it in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of the discharge application.

Key takeaways

Till then (i.e., in the interregnum following the above directions), no coercive action shall be taken against the applicant in the aforesaid case.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 72) — Deepak Verma, J. | Application u/s 482 Cr.P.C. No. 43499 of 2024, Vishnu Kant Shukla v. State of U.P. and Another (order dated 17.7.2025): Applicant sought quashing of the charge-sheet dated 20.08.2023, the summoning order dated 01.11.2023 and the entire proceedings of Criminal Case No. 26 of 2024, arising out of Case Crime No. 14 of 2022 under sections 419, 420, 467, 468, 471, 34 I.P.C., Police Station Raipur, District Sonbhadra, pending before the First Additional Civil Judge (Junior Division)/Judicial Magistrate, Sonbhadra. Held: the prayer for quashing was refused; however, the applicant was directed that if he moves a discharge application before the court below within three weeks, it shall be decided in accordance with law expeditiously, preferably within eight weeks of filing; till then no coercive action was to be taken against the applicant. The 482 application was disposed of with these directions.

Neutral Citation No. - 2025:AHC:115619

Court No. - 72

Case :- APPLICATION U/S 482 No. - 43499 of 2024

Applicant :- Vishnu Kant Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Kumar Singh,Utkarsh Pandey Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 20.08.2023, summoning order dated 01.11.2023 as well as entire proceedings of Criminal Case No.26 of 2024 arising out of Case Crime No.14 of 2022, under sections 419, 420, 467, 468, 471, 34 I.P.C., Police Station Raipur, District Sonbhadra, pending in the court of First Additional Civil Judge (Junior Division)/Judicial Magistrate, Sonbhadra.

Allegation alleged in the FIR is false and baseless, not supported by any evidence. Investigating Officer has not collected any evidence to prosecute the applicant. There is no signature of the applicant in the transfer order. The applicant has forwarded the matter for preparing record/ patrawali and after obtaining permission, he sent the documents. Applicant is retired from service and his name surfaced after about one and half months during investigation.

Per contra, learned AGA and learned counsel for the informant opposed the submission of applicant's counsel and submitted that the submission raised by learned counsel for the applicant is not supported by any evidence.

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

However, if applicant moves 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.

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

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

Order Date :- 17.7.2025

SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad