Rajesh Kumar Maurya @ Rajesh Kumar vs State of U.P… — Cheating and Forgery | Allahabad HC (2026)

Rajesh Kumar Maurya @ Rajesh Kumar vs State of U.P… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Liberty to the applicant to file a discharge application before the court below within two weeks; the court below to decide such application, if filed, within a further period of 30 days, strictly in accordance with law.

Issue for consideration

Whether the charge-sheet no. 01/2021 dated 16.05.2021 under Sections 406, 420, 504, 506 IPC, the summoning order dated 23.01.2026 and the entire proceedings of Trial No.27255/2021 are liable to be set aside in exercise of the Court's jurisdiction under Section 482 Cr.P.C. +1 more

Court's answer

The applicant is permitted to file an application for discharge before the court below within a period of two weeks from the date of the order.

Ratio / Principle

If such discharge application is filed, the court below shall decide it within a further period of 30 days, strictly in accordance with law.

Key takeaways

With the aforesaid observation, the application is disposed of in terms of the liberty granted to seek discharge before the trial court; the quashing prayer was not adjudicated on merits.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Shree Prakash Singh, J.) — Application under Section 482 Cr.P.C. No. 3788 of 2026 by Rajesh Kumar Maurya @ Rajesh Kumar seeking setting aside of charge-sheet no. 01/2021 dated 16.05.2021 under Sections 406, 420, 504, 506 IPC (arising out of FIR No.45/2021 dated 12.02.2021, P.S. Tikait Nagar, Barabanki), the summoning order dated 23.01.2026 passed by the Additional Chief Judicial Magistrate, Court No. 25, Barabanki, and the entire proceedings of Trial No.27255/2021. After hearing counsel at length, and upon the applicant's prayer that he be permitted to move a discharge application, to which the State's counsel had no objection, the Court disposed of the application without adjudicating the matter on merits: the applicant was permitted to file a discharge application before the court below within two weeks, and if filed, the court below was directed to decide it within a further period of 30 days, strictly in accordance with law. No precedent was discussed or relied upon.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3788 of 2026

Rajesh Kumar Maurya @ Rajesh Kumar

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Vijay Nath Pandey, Akanksha Awasthi Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant application has been filed with prayer to set-aside the impugned charge-sheet no. 01/2021 dated 16.05.2021 under sections 406, 420, 504, 506 I.P.C., arising out of First Information Report No.45/2021 dated 12.02.2021 P.S. - Tikait Nagar, Barabanki and its corresponding summoning order dated 23.01.2026 passed by the Court of Learned Additional Chief Judicial Magistrate, Court No. 25, Barabanki along with the entire proceedings of Trial No.27255/2021.

Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment.

On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed.

A482 No. 3788 of 2026

2

After the argument at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicants to appear before the court below and file an application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court.

Learned AGA for the State has no objection to the aforesaid submission.

In view of aforesaid, the applicant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 30 days, strictly in accordance with law.

With the aforesaid observation, the application is disposed of .

(Shree Prakash Singh,J.)

May 6, 2026

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench