Ajmer Ali (in Fir as Ajmer Mistri ) Vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

Ajmer Ali (in Fir as Ajmer Mistri ) Vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Permission to the applicant to move a discharge application through counsel within four weeks; direction that such application be heard and decided expeditiously by a reasoned and speaking order; interim protection that no coercive steps be taken against the applicant till expiry of the four-week period and during pendency of the discharge application; benefit of the order forfeited if the discharge application is not moved within the period.

Issue for consideration

Whether the summoning order dated 30.01.2024 passed by the Chief Judicial Magistrate, Gonda in Case Crime No./F.I.R. No. 794 of 2023 should be quashed under Section 482 Cr.P.C. +1 more

Ratio / Principle

The applicant is permitted to move his discharge application through counsel within four weeks, and if filed, it shall be heard and decided expeditiously after hearing the parties, in accordance with law, by a reasoned and speaking order.

Key takeaways

Any discharge application filed within the permitted period shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.ratio¶¶14
Till the expiry of the four-week period and during pendency of the discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.ratio¶¶18
If the applicant fails to move the discharge application within the stated period, he will not be entitled to the benefit of this order.ratio

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. (No. 5184 of 2024) by Ajmer Ali for quashing of the summoning order dated 30.01.2024 passed by the Chief Judicial Magistrate, Gonda, in Case Crime No./F.I.R. No. 794 of 2023 under Sections 419, 420, 467, 468, 471, 406, 504, 506 I.P.C., P.S. Kotwali Nagar, District Gonda. Counsel did not press the quashing prayer on merit and confined the request to liberty to file a discharge application through counsel with a direction for expeditious disposal. The Court permitted the applicant to move the discharge application through counsel within four weeks, directed that it be heard and decided expeditiously, in accordance with law, by a reasoned and speaking order, and provided that no coercive steps shall be taken against the applicant till expiry of the four-week period and during pendency of the discharge application. On failure to file within the period, the applicant loses the benefit of the order. Application disposed of (Rajeev Singh, J.; October 16, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 5184 of 2024

Ajmer Ali (In Fir As Ajmer Mistri )

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Alok Kr. Misra Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the summoning order dated 30.01.2024 passed by the Chief Judicial Magistrate, Gonda, in Case Crime No./F.I.R. No. 794 of 2023 under Sections 419, 420, 467, 468, 471, 406, 504, 506, of I.P.C., P.S. Kotwali Nagar, District Gonda.

After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that applicant is permitted to move his discharge application through counsel within four weeks from today and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

Till the aforesaid period of four weeks and during pendency of

A482 No. 5184 of 2024

2

discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.

In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.

With above directions, this application stands disposed of .

(Rajeev Singh,J.)

October 16, 2025

A.Nigam

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench