Irfan vs State Of U.P. And Another
2025 Latest Caselaw 2140 ALL

Allahabad High Court

Irfan vs State Of U.P. And Another on 4 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:95002
 
Court No. - 52
 

 
Case :- APPLICATION U/S 482 No. - 36277 of 2024
 

 
Applicant :- Irfan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Khurshed Alam
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Heard Sri Khursheed Alam, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State.

2. This is an application u/s 482 of CrPC has been preferred by the applicant for quashing the entire proceeding and the summoning order dated 21.05.2019 passed in Complaint Case No. 1360 of 2019, between Sudama v/s Irfan, under sections 406, 506, 417 I.P.C., pending before the Learned Additional Chief Judicial Magistrate/Fast Track Court, Mau.

3. Learned counsel for the applicant has submitted that a complaint was lodged by O.P. No.2 on 11.10.2018 with an allegation that the applicant herein had taken certain amount as a financial assistance and when time came to repay the same and pressure was mounted, then the applicant herein is alleged to have shown a 20 rupee agreement in that regard. Learned counsel for the applicant submits that prior to lodging of the complaint there happens to be a suit being Original Suit no.768 of 2018, Irfan Ahmad vs. Sudama, instituted by the applicant against O.P. No.2 on 18.05.2018. Reliance has been placed upon the decision of the Hon'ble Court in the case of Randheer Singh vs. State of U.P. and others, 2021 SCC Online SC 942 to buttress the submission that the civil disputes cannot be given a criminal tinge.

4. Learned A.G.A. on the other hand submits that the applicant had been summoned on 21.05.2019, thus it would be late of the day to interfere, particularly when 5 years time had passed when the present application was preferred on 15.10.2024.

5. Having heard the submissions so made across the Bar, in the opinion of the Court, in the wake of the allegations so sought to be leveled and also the stand taken by the applicant while relying upon the judgment in the case of Randheer Singh (supra), the application stands disposed of while requiring the applicant to prefer a discharge application before the court below by 20.06.2025 and the court below is directed to decide the same with most expedition, preferably within two months.

6. Till two months from today, no coercive action shall be taken against the applicant with respect to the proceedings in summoning order dated 21.05.2019 passed in Complaint Case No. 1360 of 2019, between Sudama v/s Irfan, under sections 406, 506, 417 I.P.C., pending before the Learned Additional Chief Judicial Magistrate/Fast Track Court, Mau.

7. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

Order Date :- 4.6.2025

N.S.Rathour

(Vikas Budhwar, J)