Ram Murat Yadav and 3 Others Vs State of U.P. Thru. Its… — Quashing and FIR | Allahabad HC (2025)

Ram Murat Yadav and 3 Others Vs State of U.P. Thru. Its… — Quashing and FIR | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashment refused; with the aforesaid directions the petition is disposed of. Conditional directions granted: (i) a discharge application through counsel filed within 15 days to be considered and disposed of expeditiously, preferably within two months; (ii) no coercive action for 15 days, extendable for a further two months or until disposal of the discharge application, only if filed within 15 days; (iii) automatic lapse of the order if no application is filed within 15 days.

Issue for consideration

Whether the charge sheet dated 08.08.2020, the summoning order dated 02.08.2023 passed in Criminal Case No.10217 of 2023 (arising out of Case Crime No.0195 of 2020, under Sections 323, 452, 504, 506 IPC, P.S. Sangrampur, District Sultanpur), together with the entire proceedings of the said criminal case, ought to be quashed.

Court's answer

After hearing learned counsel for the parties and perusing the averments in the application, the prayer for quashing the proceedings of the aforementioned criminal case is refused.

Ratio / Principle

Ground of refusal: the disputed defence of the accused cannot be considered at this stage; the applicants retain a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application, and are free to take all such submissions in a discharge application before the Trial Court.

Key takeaways

If the applicants move an appropriate application for discharge through counsel before the concerned court below within 15 days, it shall be considered and disposed of expeditiously, in accordance with law, preferably within two months.ratio¶6
No coercive action shall be taken against the applicants for the next 15 days; this benefit extends for a further two months, or until disposal of the discharge application, only if the applicants move the discharge application within 15 days from the date of the order.ratio¶7

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Pankaj Bhatia, J.) — Order dated 27.6.2025. Application (styled 'APPLICATION U/S 482 No. - 5029 of 2025') by Ram Murat Yadav and three others, through Pramod Kumar Pandey, Advocate, seeking quashment of the charge sheet dated 08.08.2020 and the summoning order dated 02.08.2023 passed in Criminal Case No.10217 of 2023, arising out of Case Crime No.0195 of 2020 under Sections 323, 452, 504, 506 IPC, P.S. Sangrampur, District Sultanpur, and of the entire proceedings of that case. Counsel contended no offence was disclosed and the prosecution was mala fide, for harassment; the court held that the disputed defence of the accused cannot be considered at this stage, and refused the prayer for quashing. The applicants were left free to seek discharge under Section 239 or 227/228/245 Cr.P.C. through a proper application before the Trial Court. Directions: a discharge application filed through counsel within 15 days to be considered and disposed of expeditiously, preferably within two months; no coercive action for 15 days, extendable for a further two months or until disposal of the discharge application only if filed within 15 days; failing which the interim order stands automatically terminated. Petition disposed of.

Court No. - 9 Case :- APPLICATION U/S 482 No. - 5029 of 2025 Applicant :- Ram Murat Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard.

2. Present application has been filed seeking quashment of charge sheet dated 08.08.2020 and summoning order dated 02.08.2023 passed in Criminal Case No.10217 of 2023 arising out of Case Crime No.0195 of 2020, under Section 323, 452, 504, 506 IPC, P.S. Sangrampur, District Sultanpur; as well as the entire proceedings of the said criminal case.

3. Contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Learned Counsel pointed out certain documents and statements in support of his contention.

4. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.

5. After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.

6. However, it is provided that in case, the applicants move an appropriate application for discharge through counsel before the concerned Court below within a period of 15 days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned court below preferably within a period of two months.

7. No coercive action shall be taken against the applicants for the next 15 days from today which benefit shall extend for further two months or disposal of the discharge application only if the applicants move the said application within 15 days from today.

8. In case no such application is filed within a period of 15 days from today, as prescribed above, the present order shall stand automatically come to an end.

9. With the aforesaid directions, this petition is disposed off.

Order Date :- 27.6.2025 nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench