Abdul Gani (Abdul Ali in F.I.R.) Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Abdul Gani (Abdul Ali in F.I.R.) Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing the summons order dated 21.1.2025 and the proceedings of Sessions Case No.78 of 2025 refused; however, liberty effectively preserved to move a discharge application within fifteen days, which the Court below shall consider and dispose of as expeditiously as possible (preferably within one month), failing which the benefit of the order lapses. With these directions, the appeal is finally disposed of.

Issue for consideration

Whether the summons order dated 21.1.2025 passed by the Special Judge (SC/ST Act), district Bahraich, summoning the appellant, and the entire proceedings of Sessions Case No.78 of 2025, ought to be quashed. +1 more

Court's answer

At this stage (i.e., on an appeal seeking quashing), the disputed defence of the accused cannot be considered.

Ratio / Principle

The appellant has a right of discharge under Section 239 or 227/228 Cr.P.C., as the case may be, through a proper application, and is free to take all his submissions in such discharge application before the Trial Court.

Key takeaways

After hearing learned counsel for the parties and perusing the averments made in the petition, the prayer for quashing the proceedings of the aforementioned Sessions Case No.78 of 2025 is refused.ratio¶10
If the appellant moves an appropriate application for discharge before the concerned Court below within fifteen days from the date of this order, the same shall be considered and disposed of as expeditiously as possible in accordance with law, preferably within a period of one month thereafter.ratio¶13
If no such discharge application is filed within the prescribed period of fifteen days, the benefit of the present order shall not be available to the appellant.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Karunesh Singh Pawar, J.) - CRIMINAL APPEAL No. 810 of 2025, decided 11.3.2025 (Abdul Gani @ Abdul Ali v. State of U.P. and another): Appeal seeking quashing of the summons order dated 21.1.2025 passed by the Special Judge (SC/ST Act), district Bahraich, and of the entire proceedings of Sessions Case No.78 of 2025 (summoning the appellant under Sections 323, 504, 506, 327, 427 I.P.C. and Section 3(2)5 of the SC/ST Act, P.S. Nanpara). Held: the disputed defence of the accused cannot be considered at this stage; the appellant has a right of discharge under Section 239 or 227/228 Cr.P.C. through a proper application before the Trial Court, where he may urge all submissions. Prayer for quashing refused. Directions: if a discharge application is moved within fifteen days, the Court below shall consider and dispose of it as expeditiously as possible, preferably within one month; failing such an application, the benefit of the order shall not be available. Appeal finally disposed of.

Neutral Citation No. - 2025:AHC-LKO:14936

Court No. - 16

Case :- CRIMINAL APPEAL No. - 810 of 2025

Appellant :- Abdul Gani (Abdul Ali In F.I.R.) Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Vivek Pandey,Jagriti Bardhan Rao,Prabhat Narayan Srivastava,Prakash Giri Counsel for Respondent :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the appellant as well as learned A.G.A. for the State.

The present appeal has been filed for quashing order dated 21.1.2025 passed by Special Judge (SC/ST Act), district Bahraich summoning the appellants under sections 323, 504, 506, 327, 427 I.P.C., 3(2)5 of SC/ST Act, P.S. Nanpara, district Bahraich, and the entire proceedings of Sessions Case No.78 of 2025.

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

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

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

At this stage, learned counsel for the appellant submits that the appellant may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.

Accordingly, it is provided that in case, the appellant moves an appropriate application for discharge before the concerned

Court below within a period of fifteen days from today, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter.

In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the appellant.

With the aforesaid directions, this appeal is finally disposed of.

Order Date :- 11.3.2025 kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench