Manoj Kumar Jain and Another vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2026)

Manoj Kumar Jain and Another vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicants to move a discharge application before the court below within four weeks through counsel (to be decided by the court below within the next three weeks thereafter); impugned proceedings to remain stayed till six weeks from the date of the order or till disposal of the discharge application, if moved.

Issue for consideration

Whether the orders dated 09/08/2012 and 04/03/2013 summoning the applicants to face trial in complaint case no. 1367 of 2012 (Vijay Kumar Yadav V/s Manoj Kumar Jain and Anr.) and the consequential proceedings in Complaint Case No. 1369 of 2012 (Case Crime No. 681 of 2011, Sections 420, 467, 468, 471, 323, 504, 506 IPC) ought to be set aside. +1 more

Ratio / Principle

The application was disposed of in terms of the applicants' counsel's limited submission — the case not having been pressed on merits — with liberty to move a discharge application before the court below, to which the learned A.G.A. had no objection.

Key takeaways

If the applicants move an application for discharge within four weeks from the date of the order through counsel, the court below shall decide the same within the next three weeks thereafter, in accordance with law.ratio¶18
Till six weeks from the date of the order, or till the disposal of the discharge application if moved, the impugned proceedings shall remain stayed.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J. — Application U/S 482 No. 168 of 2026, Manoj Kumar Jain v. State of U.P. (decided January 13, 2026): The applicants sought setting aside of summoning orders dated 09/08/2012 and 04/03/2013 and consequential orders in complaint case no. 1367 of 2012 (Vijay Kumar Yadav V/s Manoj Kumar Jain and Anr.), and of the entire proceeding of Complaint Case No. 1369 of 2012, in correlation to Case Crime No. 681 of 2011 under Sections 420, 467, 468, 471, 323, 504 and 506 IPC, P.S. Gazipur, District Lucknow. Counsel for the applicants, after arguing at some length, did not press the application on merits and sought leave to move a discharge application before the court below; the learned A.G.A. had no objection. Held, disposing of the application: (i) if the applicants move a discharge application within four weeks through counsel, the court below shall decide it within the next three weeks thereafter, in accordance with law; and (ii) till six weeks from the date of the order, or till disposal of the discharge application if moved, the impugned proceedings shall remain stayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 168 of 2026

Manoj Kumar Jain And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Onkar Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

This application had been filed by the applicants mainly with the following prayer:

"........ this Hon'ble Court may kindly be pleased to set aside the order dated 09/08/2012 and 04/03/2013 as well as consequential orders by means of which the applicants have been summoned to face trial in proceeding of complaint case no. 1367 of 2012 (Vijay Kumar Yadav V/s Manoj Kumar Jain and Anr.), contained as Annexure No.1 & 2 with the application;

And consequently, to set aside the entire proceeding of the Complaint Case No. 1369 of 2012 in correlation to Case Crime No. 681 of 2011, Under Section 420, 467, 468, 471, 323, 504, and 506 I.P.C. P.S. Gazipur, District - Lucknow., in the interest of justice."

Sri Onkar Pandey, Advocate, appearing for the applicants after arguing the matter at some length, does not want to press this case on merits, however, he submits that he wants to move discharge application before the court below.

Learned A.G.A. has no objection to the limited submission made by the counsel for the applicants herein.

In case the applicants move application for discharge within 4 weeks from

A482 No. 168 of 2026

2

today through counsel , same will be decided by the court below within next 3 weeks thereafter, in accordance with law.

Till six weeks from today or till the disposal of discharge-application, if moved, impugned proceedings shall remain stayed. With these observations/directions this application is disposed of .

(Brij Raj Singh,J.)

January 13, 2026 A.Nigam

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