Sachin and 2 Others v. State of U.P. and Another

Allahabad HC28 Apr 2025NA528/4992/2025

Case brief

AI extract

What is this about?

Neutral citation 2025:AHC:66660; Application U/S 528 BNSS No. 4992 of 2025; Sachin & others v. State of U.P. & another; quashing of summoning order dated 20.08.2024 in Complaint Case No. 467 of 2024 (Molhad Vs. Sachin) under Sections 323, 504 IPC, P.S. Rampur Maniharan, District Saharanpur; prayer not pressed; liberty to file discharge application within three weeks; no coercive action during pendency of discharge application; disposed of by Raj Beer Singh, J. on 29.4.2025.

What did the court decide?

Application under Section 528 BNSS disposed of with directions: liberty to file discharge application within three weeks (to be decided expeditiously per law) and interim protection from coercive action for three weeks and, on timely filing of the discharge application, until its disposal, subject to the applicants' cooperation. ¶¶11

Sachin and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Complaint Case No. 467 of 2024, including the summoning order dated 20.08.2024, under Sections 323, 504 IPC should be quashed under Section 528 BNSS. +1 more

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Court's answer

As the prayer for quashing was not pressed, the Court permitted the applicants to move an application for discharge through counsel before the trial court within three weeks and directed that such application, if filed, be considered and decided expeditiously in accordance with law by the court concerned.

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Ratio / Principle

Interim protection granted: for three weeks from the order, and upon a discharge application being 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.

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Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) disposed of an application under Section 528 BNSS (Case No. 4992 of 2025, decided 29.4.2025) seeking quashing of the entire proceedings, including the summoning order dated 20.08.2024, of Complaint Case No. 467 of 2024 (Molhad Vs. Sachin and another) under Sections 323, 504 IPC pending before the Judicial Magistrate-Ist, Saharanpur. Counsel for the applicants did not press the quashing prayer and sought liberty to move a discharge application with interim protection. The Court directed that a discharge application filed within three weeks be considered and decided expeditiously in accordance with law, and that no coercive action be taken against the applicants for three weeks and, on timely filing of such application, until its disposal, subject to their cooperation in its early disposal.

Sachin and 2 Others v. State of U.P. and Another

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Sachin and 2 Others v. State of U.P. and Another

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