Jitendra Kumar and 4 Others vs State of U.P. Thru. Prin. Secy. Home Lko and Another — Allahabad HC (2026) — LawSathi Research

Jitendra Kumar and 4 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 without deciding merits; applicants granted liberty to file a discharge application under the Cr.P.C. within two weeks, with liberty to appear through counsel; trial court directed to dispose of the discharge application within four weeks of filing; further proceedings in Complaint Case No.858 of 2020 stayed qua the applicants till expiry of six weeks or till disposal of the discharge application.

Issue for consideration

Whether the entire proceedings of Complaint Case No.858 of 2020 (New Complaint Case No.1547 of 2025), Ram Nihal Vs. Raghupati and others, under Sections 452, 323, 504 and 506 IPC, along with the summoning order dated 19.09.2022 and the non-bailable warrant order dated 15.09.2022, ought to be quashed under Section 482 Cr.P.C.

Court's answer

With the aforesaid observations/directions, the application under Section 482 Cr.P.C. stands disposed of, the merits of the quashing prayer (Issue 1) having not been pressed.

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

Upon filing of the discharge application, the learned trial court is directed to dispose of it within four weeks thereafter.ratio¶12
The applicants are granted liberty to appear in the trial through their counsel.ratio¶12
Further proceedings in the aforesaid complaint case shall remain stayed qua the applicants until expiry of six weeks or until disposal of the discharge application, whichever is earlier.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J. — Application under Section 482 Cr.P.C. by Jitendra Kumar and 4 others seeking quashing of the entire proceedings of Complaint Case No.858 of 2020 (New Complaint Case No.1547 of 2025), Ram Nihal Vs. Raghupati and others, under Sections 452, 323, 504 and 506 IPC, Police Station Sammanpur, District Ambedkar Nagar, and of the summoning order dated 19.09.2022 and the non-bailable warrant order dated 15.09.2022 passed by the Additional Civil Judge (S.D.)/ACJM, Ambedkar Nagar. Counsel for the applicants did not press the application on merits and sought liberty to move a discharge application, to which the State had no objection. Held: applicants permitted to file a discharge application in conformity with the Cr.P.C. within two weeks; trial court to dispose of it within four weeks thereafter; applicants may appear through counsel; further proceedings stayed qua the applicants till expiry of six weeks or till disposal of the discharge application. Application disposed of (February 5, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 921 of 2026

Jitendra Kumar and 4 others

.....Applicant(s)

Versus

State of U.P. Thru. Prin. Secy. Home Lko and another .....Opposite Party(s) Counsel for Applicant(s) : Prashant Tiwari, Mahendra Tiwari Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicants and the learned A.G.A. for the State-opposite party no.1.

The present application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No.858 of 2020 New Complaint Case No.1547 of 2025), Ram Nihal Vs. Raghupati and others, under Sections 452, 323, 504 and 506 IPC, Police Station Sammanpur, District Ambedkar Nagar and the summoning order dated 19.09.2022 and the order dated 15.09.2022 issuing Non-bailable warrant against the applicants passed by the Additional Civil Judge (S.D.)/ACJM, Ambedkar Nagar.

After arguing at length, counsel for the applicants submits that he does not want to press this application on merits. However, he submits that he 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 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

A482 No. 921 of 2026

2

qua the applicants.

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

(Brij Raj Singh,J.)

February 5, 2026 Rao/-

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench