Shiv Pal Singh and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shiv Pal Singh and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional protection from coercive action for three weeks and, if a discharge application is filed within three weeks, till its disposal; trial court directed to consider and decide such discharge application expeditiously in accordance with law.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 1841 of 2023, including the summoning order dated 21.03.2024 (Sections 448, 452, 323, 504, 506, 147 IPC, P.S. Jaithra, Dist. Etah), should be quashed — a prayer which counsel ultimately submitted was not being pressed. +1 more

Court's answer

As the prayer to quash the proceedings was not pressed, the Court permitted the applicants to move a discharge application before the trial court and disposed of the Section 528 BNSS application on that footing.

Ratio / Principle

If the applicants move a discharge application before the trial court within a period of three weeks, it shall be considered and decided expeditiously in accordance with law.

Key takeaways

For a period of three weeks from the date of the order, and, if the discharge application is filed within that period, until its disposal, no coercive action shall be taken against the applicants, provided they cooperate in early disposal of the discharge application.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Raj Beer Singh, J.), order dated 17.4.2025 — Application U/S 528 BNSS No. 11663 of 2025, Shiv Pal Singh And 4 Others (Applicants) v. State of U.P. and Another (Opposite Party). The applicants had sought quashment of the entire proceedings, including the impugned summoning order dated 21.03.2024, of Complaint Case No. 1841 of 2023 (Jitendra Vs. Shiv Pal and Others) under Sections 448, 452, 323, 504, 506, 147 IPC, Police Station Jaithra, District Etah, pending before the Additional Chief Judicial Magistrate, Court No. 18, Etah. After arguing at some length, counsel for the applicants submitted that the quashing prayer was not being pressed and sought liberty to move a discharge application before the trial court with interim protection. The Court disposed of the application, directing that a discharge application moved within three weeks shall be considered and decided expeditiously in accordance with law, and that for three weeks — and, if such application is filed within that period, until its disposal — no coercive action shall be taken against the applicants, provided they cooperate in early disposal of the discharge application.

Neutral Citation No. - 2025:AHC:56422

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 11663 of 2025

Applicant :- Shiv Pal Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application u/s 528 B.N.S.S. has been filed with the prayer to quash the entire proceedings, including impugned summoning order dated 21.03.2024, of Complaint Case No. 1841 of 2023 (Jitendra Vs. Shiv Pal and Others), under Section - 448, 452, 323, 504, 506, 147 I.P.C., Police Station - Jaithra, District- Etah, pending in the court of Additional Chief Judicial Magistrate, Court No. 18, Etah.

After arguing at some length, learned counsel counsel for the applicants submits that the prayer made above is not being pressed and that applicants may be permitted to move an application for discharge before the trial Court concerned and till the disposal of application protection may be granted to the applicants.

In view of aforesaid, it is directed that in case applicants move an application for discharge within a period of three weeks from today before the trial court concerned, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a

period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application.

The application u/s 528 B.N.S.S. is disposed of with aforesaid observations.

Order Date :- 17.4.2025 SK Srivastava

Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad