Ramchandra and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Ramchandra and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions permitting the applicant to submit a discharge application through counsel within three weeks, directing its expeditious disposal by a reasoned and speaking order, and providing interim protection (no coercive steps for six weeks or till decision on the discharge application, whichever is earlier). The merit-based challenge to the summoning order and charge sheet was withdrawn and no quashing decision was made.

Issue for consideration

Whether the summoning order dated 05.10.2017 passed by the court of Chief Judicial Magistrate Ist Sitapur, and the charge sheet dated 25.04.2016 under sections 323, 504, 506 IPC/(115(2), 351(2), 352 BNS) arising from NCR No. 57 of 2015, case No. 1788 of 2017, P.S. Kotwali Laherpur, Sitapur, should be quashed (original prayer of the application; ultimately not pressed on merits). +1 more

Ratio / Principle

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

Key takeaways

For a period of six weeks, or till the decision on the discharge application, whichever is earlier, no coercive steps shall be taken against the applicant in the aforesaid case.ratio¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Court No. 14 — Rajeev Singh, J. — Application U/S 482 No. 9876 of 2025, Ramchandra And Another v. State Of U.P. Thru. Prin. Secy. Home Lko., disposed of on December 17, 2025. The application sought quashing of the summoning order dated 05.10.2017 passed by the court of Chief Judicial Magistrate Ist Sitapur and the charge sheet dated 25.04.2016 under sections 323, 504, 506 IPC/(115(2), 351(2), 352 BNS) passed in NCR No. 57 of 2015, case No. 1788 of 2017, P.S. Kotwali Laherpur, Sitapur. After arguing up to some length, learned counsel for the applicant did not press the application on merit and confined the prayer to being permitted to move a discharge application through counsel, with suitable directions for expeditious disposal; learned A.G.A. had no objection. The court directed that the discharge application may be moved within three weeks, that it be heard and decided expeditiously after hearing the parties in accordance with law by means of a reasoned and speaking order, and that for six weeks or till decision on the discharge application, whichever is earlier, no coercive steps shall be taken against the applicant. No precedent was engaged with and no determination was made on the merits of quashing.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9876 of 2025

Ramchandra And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s)	: Anurag Singh
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 has been filed with the following prayer:-

"To quash the summoning order dated 05.10.2017 passed by court of Chief Judicial Magistrate Ist Sitapur, as well as charge sheet dated 25.04.2016 under sections 323, 504, 506 IPC/(115 (2), 351(2), 352 BNS) passed in NCR No. 57 of 2015 in case No. 1788 of 2017, P.S. Kotwali Laherpur, Sitapur."

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 may move his discharge application through counsel within three weeks from today and, in case, any such application is filed, the same shall be heard and decided expeditiously after hearing the parties in accordance with law, by means of a reasoned and speaking order.

A482 No. 9876 of 2025

2

For a period of six weeks or till the decision on the discharge application, whichever is earlier, no coercive steps shall be taken against the applicant in the aforesaid case.

With the above directions, this application is disposed of .

(Rajeev Singh,J.)

December 17, 2025 Arpan

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