HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7997 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Notice to the opposite party no. 2 is hereby dispensed with. Heard counsel for the applicants, learned A.G.A. for the State and perused the records. Instant application has been filed with the prayer to quash the impugned order dated 08.07.2025 (dismissing the discharge application for non- prosecution and issuing NBW) and 29.07.2025 (rejecting the recall application) passed in Session Trial No. 2233 of 2021 arising out of the Case Crime No. 683 of 2020 under Section- 420, 406 of I.P C. and Section 3(2) Va of SC/ST Act at Police Station- Mohanlalganj, District- Lucknow and prayed to direct the Trial Court ie. Additional District Judge / Special Judge SC/ST Act, Lucknow to hear and decide the discharge application dated 12.01.2024 of the applicants on merits, by a reasoned and speaking order and stay the operation of the NBW and all coercive proceedings against the applicants, till the disposal of the discharge application. It is argued by learned counsel appearing for the applicants that the matter is arising out of a civil dispute and no offence has been committed by them. He further added earlier the applicants have approached this Court by way of instituting an application u/s 482 no. 12033 of 2023, wherein, the following order was passed:- "1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. Versus Counsel for Applicant(s) : Raj Priya Srivastava Counsel for Opposite Party(s) : G.A. Abhishek Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And Another .....Opposite Party(s) 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. 3. This application under Section 482 Cr.P.C. has been filed for quashing the impugned charge-sheet dated 10.02.2021 as well as summoning order dated 17.06.2021 passed in Session Trial No. 2233 of 2021 arising out of the Case Crime No. 683 of 2020 under Sections 420, 406 of I.P.C. & Section 3(2) (Va) of SC/ST Act, Police Station- Mohanlalganj, District- Lucknow and the proceeding of the Session Trial No. 2233 of 2021. 4. After arguing the matter up to some length, learned counsel for the applicants submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 5. Learned A.G.A. has no objection in grant of aforesaid prayer. 6. In view of above, it is provided that applicants are permitted to move their discharge application(s) through counsel within four weeks' from today and in case any such application(s) are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 7. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case. 8. In case of failure on the part of applicants in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order. 9. With above directions, this application stands disposed of." Referring the aforesaid, he submits that vide the aforesaid order, the applicants were permitted to move discharge application through counsel, within a period of four weeks and the trial court was directed to decide expeditiously after hearing the parties. He submits that in-compliance of the aforesaid order, the discharge application was moved on 12.01.2024, wherein, the date was fixed for 11.02.2024, but on the said date, counsel for the applicants could not appear due to unavoidable circumstances and the trial court proceeded and dismissed the discharge application on the premises that the discharge application is not pressed. He argued that the right of discharge is an A482 No. 7997 of 2025 2 important stage and that is also essential stage so as to proceed with the fair trial. He added that the trial court could have fixed another date for hearing, rather the same has been dismissed. He added that he has explained his non- presence before the trial court and the reason is sufficient, therefore, submission is that the order impugned dated 08.07.2025 may be se aside and the trial court may be directed to decide the discharge application afresh. Learned counsel appearing for the State though, has refuted the aforesaid contentions, but he has no objection if the applicants are given an opportunity, once again to press the discharge application. Considering the submissions of counsel for the parties, it transpires that earlier the applicants filed an application before this court, wherein, the order was passed on 15/12/2023, while affording an opportunity to the applicants to move a discharge application. In compliance thereof, in January 2024, the discharge application was moved, thereafter, date was fixed on 11.02.2024 and certain other dates were fixed, but due to unavoidable circumstances, counsel for the applicants could not appear before the trial court. Since this Court agreed with the contention of counsel for the applicants regarding the importance of the stage of moving a discharge application, therefore, to meet the ends of justice, the order impugned dated 18.07.2025 is hereby set aside. The matter is hereby remitted back to the trial court concerned and it is directed to decide the discharge application a fresh within a period of 45 days from the date this order is produced before it. The applicants are given one opportunity to press the discharge application, failing which, the same shall be closed by the trial court. With the aforesaid observations, the instant application is hereby disposed of. September 24, 2025 Mayank A482 No. 7997 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench