Saurabh @ Saurabh Kumar Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Saurabh @ Saurabh Kumar Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicant to file a discharge application through counsel within four weeks; direction that such application, if filed, be decided expeditiously by a reasoned and speaking order in accordance with law; interim bar on coercive steps against the applicant until expiry of four weeks and during pendency of the discharge application; the benefit of the order forfeited if the discharge application is not moved within the period. Quashing prayer not pressed and not adjudicated.

Issue for consideration

Whether the impugned order dated 27.06.2034 passed by the IInd Additional Chief Judicial Magistrate, Amroha, and the entire proceedings of Complaint Case No. 986/2024 (Homraj Singh v. Saurabh) under Section 406 I.P.C. ought to be quashed. (Not pressed on merits; not adjudicated.) +1 more

Court's answer

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

Ratio / Principle

If such a discharge application is filed, it shall be heard and decided expeditiously, after hearing the parties, in accordance with law, by a reasoned and speaking order.

Key takeaways

Till the expiry of the four-week period and during the pendency of the discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.ratio¶12
If the applicant fails to move the discharge application within the stipulated period, he will not be entitled to the benefit of this order (i.e., the interim protection lapses).ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Madan Pal Singh, J.), by order dated 20.6.2025, disposed of Application U/S 528 BNSS No. 20716 of 2025 by which Saurabh @ Saurabh Kumar had sought quashing of the order dated 27.06.2034 (as printed) of the IInd Additional Chief Judicial Magistrate, Amroha and the entire proceedings of Complaint Case No. 986/2024 (Homraj Singh v. Saurabh) under Section 406 I.P.C., P.S. Amroha Dehat. Counsel did not press the quashing prayer on merits and confined it to liberty to file a discharge application through counsel. The Court permitted filing of the discharge application within four weeks, directed its expeditious disposal by a reasoned and speaking order in accordance with law, barred coercive steps against the applicant until four weeks and during pendency of the discharge application, and made the benefit of the order conditional on timely filing. No precedent was relied upon; the quashing question itself was left unadjudicated.

Neutral Citation No. - 2025:AHC:98779

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 20716 of 2025

Applicant :- Saurabh @ Saurabh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Madan Pal 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 528 B.N.S.S. has been filed by the applicant for quashing the impugned order dated 27.06.2034, passed by the Leaned IInd Additional Chief Judicial Magistrate, Amroha as well as entire proceeding of Complaint Case No.986/2024 (Homraj Singh Vs. Saurabh) under Section 406 I.P.C., P.S. Amroha Dehat, District Amorha, pending in the court of Additional Chief Judicial Magistrate-IInd, Amroha

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 permitted to move his discharge application through counsel within four weeks' from today and in case any such application is being filed, 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.

In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.

With above directions this application stands disposed of .

Order Date :- 20.6.2025 Md Faisal

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad