MAHBUB KHAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/1835/2025 · 2025-12-05
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186161 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186161 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1835 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed with the following prayer:-
"To quash the charge sheet related to applicants as well as summoning order 18.06.2025 passed by Additional District & Session Judge / Special Judge, POCSO Act, Bahraich, in Case Crime No. 213/2025, under section 352/351(3) B.N.S., Police Station- Motipur, District- Bahraich at present pending in the court of by Additional District & Session Judge / Special Judge, POCSO Act, Bahraich; it is further prayed that during the pendency of this application, further proceedings related to applicants in Case Crime No. 213/2025, under section 352/351(3) B.N.S (U/s-504/506 I.P.C), Police Station Motipur, District Bahraich, may kindly be stayed and an interim order to the said effect may kindly be granted."
3. 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. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. Versus Counsel for Applicant(s) : Amit Kumar Awasthi, Anand Kumar Shukla Counsel for Opposite Party(s) : G.A. Mahbub Khan And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
5. 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. 6. 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. 7. 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. 8. With above directions, this application stands disposed of.
December 5, 2025 Arpan NA528 No. 1835 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench