SUBHASH SINGH AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9219/2025 · 2025-11-03
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177281 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177281 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9219 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicants as well as learned Additional Government Advocate and perused the record. 2. Present application has been filed for the following main reliefs:
"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 05.09.2024 passed by Civil Judge, (S.D.), F.T.C. Naveen / A.C.u.M. Gonda, in Complaint case no. 46674 of 2022 (Basdev Versus Subhash Singh & others) whereby the petitioner no. 3, 4, 5, 6, 7 and 8 have been summoned for trial under section 427 IPC and petitioner no.2 and 9 have been summoned for trial under section 323, 342 and 427 IPC as well as quash the entire proceeding of the Complaint case no.46674 of 2022 (Basdev Versus Subhash Singh & others) pending in the court of Civil Judge, (S.D.), F.T.C. Naveen, Gonda. It is further prayed that this Hon'ble Court may also be pleased to stay the further proceedings of the Complaint case no. 46674 of 2022 (Basdev Versus Subhash Singh & others) under section 323, 342 and 427 IPC, Police Station - Kotwali Colonelganj, District - Gonda, pending before Civil Judge, (S.D.), F.T.C. Naveen / A.C.J.M. Gonda, as well as the non-bailable warrant dated 24.04.2025, in the interest of justice."
3. Learned counsel for the applicants submits that he does not want to press Versus Counsel for Applicant(s) : Arvind Pratap Singh Counsel for Opposite Party(s) : G.A. Subhash Singh And 8 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
this application. 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. 4. 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 his counsel.
Till expiry of six weeks or till disposal of the discharge application, further proceedings in the aforesaid case as well as non bailable warrant dated 24.4.2025 shall remain stayed. 5. With the aforesaid observations/directions, this application stands disposed of. November 3, 2025 Sachin A482 No. 9219 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench