Saddam and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Saddam and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of as not pressed on merits, with liberty to the applicants to file a discharge application under Cr.P.C. within two weeks; trial court to dispose of the discharge application within four weeks thereafter; liberty to appear through counsel; further proceedings stayed till expiry of six weeks or till disposal of the discharge application.

Issue for consideration

Whether the summoning order dated 21.01.2025 issued under Sections 323, 452 IPC, the judgment and order dated 13.02.2025 in Criminal Revision No.491/2025, and the entire proceedings of Complaint Case No.6743/2022 ought to be quashed under Section 482 Cr.P.C. (issue derived from the reliefs sought; not adjudicated on merits, as the application was not pressed)

Court's answer

Learned counsel for the applicants did not press the application on merits and sought liberty to file a discharge application under the provisions of Cr.P.C., to which learned counsel for the State had no objection.

Ratio / Principle

The applicants are granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., within two weeks.

Key takeaways

The trial court is directed to dispose of the discharge application within four weeks after it is filed.ratio¶18
The applicants are granted liberty to appear through their counsel.ratio¶18
Further proceedings in the aforesaid cases shall remain stayed till expiry of six weeks or till disposal of the discharge application.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 16 — Brij Raj Singh, J. Application U/S 482 No. 2352 of 2026, Saddam and 2 others v. State of U.P. (decided March 18, 2026). The applicants sought quashing of (i) the Summoning Order dated 21.01.2025 issued against them u/s 323, 452 of IPC by the Ld. Civil Judge (J.D.)/Judicial Magistrate, Gonda in Complaint Case No.6743/2022 (Smt. Noorul Nisha vs. Saddam & Ors), (ii) the Judgment and Order dated 13.02.2025 of the Ld. Additional Sessions Judge, Court No. 3, Gonda in Criminal Revision No.491/2025, and (iii) the entire proceedings of Complaint Case No.6743/2022, Police Station Itiyathok, District Gonda. At hearing, counsel for the applicants did not press the application on merits and sought liberty to file a discharge application under the provisions of Cr.P.C., to which the State had no objection. Held: liberty granted to file the discharge application within two weeks; trial court directed to dispose of it within four weeks thereafter; applicants permitted to appear through counsel; further proceedings stayed till expiry of six weeks or till disposal of the discharge application. Application disposed of; no adjudication on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 2352 of 2026

Saddam And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Pankaj Kumar Tiwari, Satish Kumar Pandey, Vaibhav Shukla Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicants as well as learned Additional Government Advocate and perused the record.

This application has been filed with the following main reliefs:

"I. Quash and set aside the Summoning Order dated 21.01.2025 issued against the applicants u/s 323, 452 of IPC {Annexure no.1} passed by the Ld. Civil Judge (J.D.)/Judicial Magistrate, Gonda in Complaint Case No.6743/2022 (Smt. Noorul Nisha vs. Saddam & Ors).

II. QUASH the Judgment and Order dated 13.02.2025 {Annexure no.2} passed by the Ld. Additional Sessions Judge, Court No. 3, Gonda in Criminal Revision No.491/2025.

III. QUASH the entire proceedings of Complaint Case No.6743/2022, under Sections 323, 452 IPC, Police Station Itiyathok, District Gonda."

Learned counsel for the applicants submits that he does not want to press this application on merits. However, he submits that the applicants would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not have any objection.

Accordingly, the applicants are granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., within a period of

A482 No. 2352 of 2026

2

two weeks from today. After the said application is filed, the trial court is directed to dispose of the same within a period of four weeks thereafter. The applicants are also granted liberty to appear through their counsel. Till expiry of six weeks or till disposal of the discharge application, further proceedings in the aforesaid cases shall remain stayed.

With the aforesaid observations/directions, this application stands disposed of .

(Brij Raj Singh,J.)

March 18, 2026 Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench