YASMEEN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/314/2025 · 2025-02-07
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117162 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 28 Case :- APPLICATION U/S 482 No. - 314 of 2025 Applicant :- Yasmeen And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rahul Kumar Shukla,Prashant Singh,Shivam Srivastava Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
1. Vakalatnama filed by Shri Bharat Kumar Dixit, Advocate on behalf of opposite party no. 2 is taken on record.
2. Heard learned counsel for the applicants and Shri Bharat Kumar Dixit,
learned counsel for the opposite party and learned AGA for the State.
3. The present 482 Cr.P.C. application has been filed with a prayer to quash the order dated 07.11.2024 of Criminal Revision No.201 of 2024 (Yasmeen and others vs. State of U.P. and others) passed by the court of Additional Sessions Judge VII/Special Judge (NDPS Act), Raebareli as well as to quash the entire criminal proceeding of order dated 23.05.2024 of Complaint Case/Warrant or Summons in Criminal Case No.2477 of 2024 (Suraiya Begam vs. Yasmeen and others) passed by the court of Judicial Magistrate II, Raebareli, under Sections 323, 506 IPC, District Raebareli.
4. Vide order dated 16.01.2025, opposite party no. 2 is present in person and on asking whether she is ready for mediation she has refused to go for mediation.
5. After arguing at some length, counsel for the applicants submits that he does not want to press this application/petition, however, he submitted that the offence is triable by Magistrate and is of minor nature, therefore, the applicants may be allowed to move a discharge application before the Magistrate through counsel.
6. Without entering into the merits of the case, liberty is granted to the applicants to move discharge application through counsel before the Magistrate concerned, within a period of two weeks from today. The Magistrate concerned will pass final orders on this application within a period of four weeks thereafter.
7. For a period of six weeks or till the date, the discharge application is decided, whichever is earlier, no coercive action shall be taken against the applicants in respect of the aforesaid complaint and summoning order.
8. The Magistrate concerned will ensure to decide the discharge application within the period as specified above.
9. Application stands disposed of.
10. It is made clear, in case the applicants fail to move the discharge application within the time stipulated by this Court or does not cooperate in the proceedings on the date fixed, the benefit granted by this Court will stand cancelled without reference to the Court.
Order Date :- 7.2.2025/Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench