Neutral Citation No. - 2025:AHC:42173 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9065 of 2025 Applicant :- Shivram And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri S.K.Tiwari, learned counsel appearing on behalf of applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceedings of Case no. 639 of 2023 (State vs. Shiv Ram and others) pending in the court of the learned Additional Chief Judicial Magistrate, Court no. 8, Prayagraj arising out of Case Crime no. 117 of 2023 under Section 3/5 of the Prevention of Damages to the Public Property Act, 1984, Police Station Handiya, District Prayagraj as well as the impugned order dated 03.10.2024 and order dated 03.09.2024 passed by the Additional Chief Judicial Magistrate, Court no. 8, Prayagraj in the aforesaid case. Further prayer has been made to stay the entire proceedings of Case no. 639 of 2023. 3. Learned counsel for applicants submitted that through the instant application, order dated 03.10.2024 has been put under challenge through which recall application preferred against order dated 03.09.2024 at the behest of the applicant has been rejected on merits returned with the finding that in spite of filing the discharge application, learned counsel for the applicants could not appear before the court on the date fixed. The explanation for non- appearance has been already stated in the application preferred for seeking recall of the order dated 03.09.2024. 4. Learned counsel for the applicants submitted that by bare perusal of the order which impugned the present application dated 03.09.2024, it does not disclose any merit interfered in respect of discharge application preferred by the applicants in pursuance to direction passed by co-ordinate Bench of this Court. 5. Per contra, learned AGA vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicants while supporting order dated 03.10.2024 and submitted that there was no option left before learned court concerned in absence of counsel for the applicants to get the matter dismissed vide order dated 03.09.2024 and the same has been upheld vide order dated 03.10.2024 while adjudicating the recall application preferred by the applicants. 6. Considering the rival submissions extended by learned counsel for the parties, one thing is crystal clear that the discharge application preferred at the behest of the applicants in pursuance to the direction issued by co-ordinate Bench of this Court has never been entertained which was mandated on the part of the concerned court for deciding the same since the specific orders were available before him which has been passed by co-ordinate Bench of this Court. 7. In view of the aforementioned facts and circumstances, one opportunity may be extended to applicants to press their discharge application and as such impugned orders dated 03.09.2024 and 03.10.2024 are hereby quashed. Matter is remitted back to learned court of Additional Chief Judicial Magistrate, Court no. 8, Prayagraj/concerned court for deciding discharge application preferred by the applicants on merits, after due opportunity of hearing to all concerned. However, it is made clear that the date which will be fixed by learned court concerned shall be ensured for appearance and pressing of application for discharge. 8. The instant application stands allowed accordingly. Order Date :- 21.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad