Ashwani Maurya and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ashwani Maurya and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; applicants permitted to move a discharge application within four weeks, to be decided by the court below expeditiously, preferably within eight weeks of filing; no coercive action against the applicants till disposal of the discharge application.

Issue for consideration

Whether the entire proceedings of Case No.456 of 2024 (State v. Ashwani Maurya & others, arising out of Case Crime No.19 of 2024, u/s 504, 506, 427 I.P.C.), the cognizance/summoning order dated 05.03.2024 and the charge-sheet dated 07.02.2024 should be quashed. +2 more

Court's answer

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

Ratio / Principle

If the applicants move a discharge application before the court below within four weeks, the court below shall decide it in accordance with law, expeditiously, preferably within eight weeks from the date of filing of the discharge application.

Key takeaways

Till disposal of the discharge application, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), 17.09.2025 — 482 Cr.P.C. application (Application U/S 482 No. 799 of 2025) by Ashwani Maurya and 3 others seeking quashing of the entire proceedings of Case No.456 of 2024 (State v. Ashwani Maurya & others), arising out of Case Crime No.19 of 2024 under Sections 504, 506, 427 I.P.C., Police Station Gaurabadshahpur, District Jaunpur, together with the cognizance/summoning order dated 05.03.2024 and charge-sheet dated 07.02.2024 of Judicial Magistrate-I, Court No.17, Jaunpur: HELD, quashing prayer refused; applicants at liberty to move a discharge application before the court below within four weeks, to be decided in accordance with law expeditiously, preferably within eight weeks of filing; till disposal of the discharge application, no coercive action to be taken against the applicants. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 799 of 2025

Ashwani Maurya And 3 Others

.....Applicant(s) Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Sadhana Maurya
Counsel for Opposite Party(s)	: G.A.

Court No. - 72

HON'BLE DEEPAK VERMA, J.

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

The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No.456 of 2024, State Versus Ashwani Maurya & others, in Case Crime No.19 of 2024, Under Sections 504, 506, 427 I.P.C., Police Station Gaurabadshahpur, District Jaunpur, pending in the Court of Judicial Magistrate-I, Court No.17, Jaunpur and this Hon'ble Court may also be pleased, to quash the cognizance/summoning order dated 05.03.2024, passed by Judicial Magistrate I Court No.17, Jaunpur in aforesaid Case and this Hon'ble Court also be pleased to quash the charge-sheet dated 07.02.2024.

Allegation in FIR against the applicants is that when informant was constructed the wall then on 30.01.2024 at about 12 pm the applicants came there and demolished the wall and threatened the informant used abusive language, hence, the present FIR.

The contention of learned counsel for the applicants is that all allegation in FIR is false and baseless and not supported by any evidence. Instant FIR has been lodged with malice intention only to harass the applicants. Civil suit has been filed by applicant's father for permanent injunction. No case under the alleged sections is made out. Cognizance and summoning by learned Magistrate is without application of judicial mind.

Per contra, learned AGA opposed the submission of applicants' counsel

A482 No. 799 of 2025

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and submitted that prima facie, offence under the alleged sections is made out against the applicants. He further submitted that submission raised by applicants' counsel, are disputed question of facts, which cannot be entertained at this stage. He further submits that as applicants' counsel submits that applicant No.3, Smt. Manorama Devi, is a Teacher and was not present at the time of incident, the said fact cannot be examined at this stage. No interference is warranted.

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

However, if applicants move discharge application before the concerned court below within four weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application.

Till disposal of discharge application, no coercive action shall be taken against the applicants in the aforesaid case.

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

(Deepak Verma,J.)

September 17, 2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad