Rajendra Pratap Devgiri vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Rajendra Pratap Devgiri 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 directions: liberty to file a discharge application within 4 weeks (to be decided by the trial court within the next 2 weeks thereafter), and interim stay of the challenged proceedings against the applicant till six weeks from the date of the order.

Issue for consideration

Whether the order dated 23-03-2026 dismissing the criminal revision and upholding the Magistrate's order, and the summoning order dated 18-03-2024 in Complaint Case No. 771 of 2023 (complaint under Section 500 IPC for defamation, summoning the applicant under Sections 323, 504, 506 IPC), should be quashed/set aside.

Court's answer

Learned counsel for the applicant, after arguing the matter at some length, did not press the application on merits and submitted that he wished to move a discharge application before the court below.

Ratio / Principle

If the applicant moves an application for discharge within 4 weeks, the trial court shall decide it within the next 2 weeks thereafter, in accordance with law.

Key takeaways

The learned A.G.A. for the State raised no objection to the limited submission made by counsel for the applicant.¶16
Till six weeks from the date of the order, the proceedings of the case/orders under challenge in the application shall remain stayed against the applicant.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 15 (Brij Raj Singh, J.), Application U/S 482 No. 3026 of 2026 — Rajendra Pratap Devgiri v. State of U.P. The applicant had sought quashing of (i) the order dated 23-03-2026 whereby the Additional Sessions Judge, Court No. 6, Balrampur dismissed his Criminal Revisions (Computer) 62 and (Register) 60 of 2024 and upheld the Magistrate's order, and (ii) the order dated 18-03-2024 of the Chief Judicial Magistrate, Balrampur in Complaint Case No. 771 of 2023 (complaint under S. 500 IPC for defamation) summoning him under Ss. 323/504/506 IPC, P.S. Kotwali Nagar, District Balrampur. Without deciding the matter on merits, counsel for the applicant declined to press the application and sought liberty to move a discharge application before the trial court; the learned A.G.A. raised no objection. The application was disposed of with directions that a discharge application moved within four weeks be decided by the trial court within the following two weeks in accordance with law, and that the proceedings under challenge remain stayed against the applicant for six weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3026 of 2026

Rajendra Pratap Devgiri

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Mohammad Aslam Beg
Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

Heard Sri Mohd. Aslam Beg, learned counsel for the applicant as also Sri Anshuman Verma, learned A.G.A. for the State and perused the record.

The applicant has filed this application with the following main prayer:

".. Quash/ set-aside the order dated 23-03-2026 passed in Criminal Revision No. (Computer) 62 of 2024, Criminal Revision No. (Register) 60 of 2024 Rajendra Pratap Devgiri versus Thakur Prasad and another passed by Additional Session Judge Court No. 6 Balrampur whereas the criminal Revision has been dismissed and the order dated 1803-2024 of the learned Magistrate has been upheld, and also set-aside the order dated 18-03-2024 passed in compliant Case No. 771 of 2023 Thakur Prasad versus Rajendra Pratap Devgiri and others under section 500 I.P.C. for defamation passed by chief Judicial Magistrate Balrampur whereby the learned trial court has illegally summoned to the petitioner under section 323,504,506 I.P.C Police Station Kotwali Nagar District Balrampur contained in as Annexure no.1 and 2 to this petition respectively extent to the petitioners."

Learned counsel for the applicant 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.

A482 No. 3026 of 2026

2

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

In case the applicant moves application for discharge within 4 weeks from today, same will be decided by the trial court within next 2 weeks thereafter, in accordance with law.

Till six weeks from today, the proceedings of the case/orders, which are under challenge herein, shall remain stayed against the applicant. With these observations/directions this application is disposed of .

(Brij Raj Singh,J.)

April 13, 2026

A.Nigam

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