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

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

What the court decided

AI extract

Outcome

Application disposed of on the confined prayer: liberty to file a discharge application within four weeks; direction for expeditious decision of such application by a reasoned and speaking order; interim protection from coercive steps during the four-week period and pendency of the discharge application, forfeited if the application is not filed within the period.

Issue for consideration

Whether the entire proceedings comprising the summoning order dated 24.04.2025 passed by the Session Judge, Barabanki and Charge Sheet No. 49 dated 07.03.2025 in Session Trial No. 730/2025 (Crime No. 0027/2025, NDPS Act) should be quashed. +1 more

Ratio / Principle

The applicant is permitted to move his discharge application within four weeks from the date of this order.

Key takeaways

If the discharge application is filed within the said time, it shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.ratio¶12
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/summoning order.ratio¶13
If the applicant fails to move the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.

Detailed headnote1 paragraphs

Application u/s 528 BNSS No. 1470 of 2025 (body stating it was filed under Section 482 Cr.P.C.) by Kafeel seeking quashing of the summoning order dated 24.04.2025 of the Session Judge, Barabanki and Charge Sheet No. 49 dated 07.03.2025 in Session Trial No. 730/2025 arising out of Crime No. 0027/2025 under Sections 8/21C/29/60(3) NDPS Act, Police Station Jaidpur, District Barabanki (State versus Kafeel). Counsel did not press the application on merits and confined the prayer to liberty to move a discharge application with directions for expeditious disposal, to which the learned A.G.A. raised no objection. The Court (Hon'ble Rajeev Singh, J.) disposed of the application directing that the discharge application be moved within four weeks; if so filed, it be heard and decided expeditiously by a reasoned and speaking order; no coercive steps be taken against the applicant till then and during its pendency; and the applicant forfeits the benefit of the order if the discharge application is not filed within the period. Decided November 3, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1470 of 2025

Kafeel

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home U.P. Barabanki And Another	.....Opposite Party(s)
Counsel for Applicant(s) : Arshad Singh	Siddiqui, Devanshu Pratap
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 entire proceedings of impugned Summoning order dated 24.04.2025 passed by the Session Judge Barabanki in Session Trial No. 730/2025, in Crime no. 0027/2025, U/S-8/21C/29/60(3) N.D.P.S. Act at Police Station-Jaidpur, District-Barabanki, (State Versus Kafeel) as well as Charge Sheet No. 49 dated 07.03.2025 in the said sessions case.

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 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 within four weeks from today and in case any such application is being filed within the said time, 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 discharge application, no coercive steps shall be taken against the applicant in the aforesaid case/summoning order.

In case of failure on the part of applicant in moving the discharge

NA528 No. 1470 of 2025

2

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.)

November 3, 2025

A.Nigam

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