Kali Prasad and 6 Others vs State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Kali Prasad and 6 Others vs State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to file a discharge application under the provisions of Cr.P.C. within two weeks; direction to the trial court to dispose of the discharge application within four weeks thereafter; further proceedings stayed till expiry of six weeks or till disposal of the discharge application; liberty to the applicants to appear through counsel.

Issue for consideration

Whether the charge sheet dated 21.05.2022 in Case Crime No. 237/2018 (ss. 147, 452, 323, 504, 352, 427, 506 IPC, P.S. Inayat Nagar, District Faizabad/Ayodhya) and the cognizance/summoning order dated 29.03.2024 passed by the Additional Chief Judicial Magistrate III, Ayodhya, together with the criminal proceedings arising therefrom, ought to be quashed/set aside.

Court's answer

The applicants were granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C. within two weeks; the learned trial court was directed to dispose of the said discharge application within four weeks thereafter; the applicants were also granted liberty to appear through their counsel.

Ratio / Principle

Further proceedings in the aforesaid case were ordered to remain stayed till expiry of six weeks or till disposal of the discharge application.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J. — Application U/S 482 No. 641 of 2026, Kali Prasad and 6 others v. State of U.P. and another, decided January 30, 2026. Applicants sought quashing of the charge sheet dated 21.05.2022 arising out of Case Crime No. 237/2018 (ss. 147, 452, 323, 504, 352, 427, 506 IPC, P.S. Inayat Nagar, District Faizabad/Ayodhya) and the cognizance/summoning order dated 29.03.2024 passed by the Additional Chief Judicial Magistrate III, Ayodhya, with the entire criminal proceeding in pursuance thereof. Learned counsel for the applicants did not press the application on merits and instead sought liberty to file a discharge application under the provisions of Cr.P.C., to which counsel for the State and for opposite party no. 2 raised no objection. The Court granted the applicants liberty to file a discharge application within two weeks, directed the trial court to dispose of it within four weeks thereafter, permitted the applicants to appear through counsel, and stayed further proceedings till expiry of six weeks or till disposal of the discharge application. With these observations/directions, the application stood disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 641 of 2026

Kali Prasad And 6 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Kartikay Singh, Vijay Kumar 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 Sri Manuvendra Singh, Advocate, who has filed his Power today on behalf of opposite party no.2, which is taken on record.

This application has been filed with the following main prayer:

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned charge sheet dated 21.05.2022 arising out of Case Crime No.237/2018, Under Sections: sections 147, 452, 323, 504, 352, 427, 506 I.P.C Police Station: Inayat Nagar, District Faizabad/Ayodhya as well as cognizance/summoning order dated 29.03.2024 passed by Additional Chief Judicial Magistrate III, Ayodhya including entire criminal proceeding initiated in pursuance thereof, as contained in Annexure No.1 & 2 respectively to this Petition.

It is also prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding initiated in pursuance of the impugned charge sheet dated 21.05.2022 arising out of Case Crime No.214/2022, Under Sections: 147, 452, 323, 504, 352, 427, 506 I.P.C Police Station: Inayat Nagar, District Faizabad/Ayodhya as well as cognizance/ summoning order dated 29.03.2024 passed by Additional Chief Judicial Magistrate III, Ayodhya during pendency of the instant petition in the interest of justice."

Learned counsel for the applicants submits that he does not want to press

A482 No. 641 of 2026

2

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 and learned counsel for opposite party no.2, do 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 two weeks from today. After the said application is filed, learned 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 case shall remain stayed.

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

(Brij Raj Singh,J.)

January 30, 2026

Sachin

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