Allahabad High Court
Lokesh Kumar And Another vs State Of U.P. And Another on 6 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:95850
Court No. - 52
Case :- APPLICATION U/S 482 No. - 39131 of 2024
Applicant :- Lokesh Kumar And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shyam Sudarshan
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Sanjay Kumar Yadav (AoA No. A/S 0251/2012) holding brief of Sri Shyam Sudarshan, learned counsel for the applicants who are two in number and Sri S.K. Singh, learned State Law Officer for the State.
3. This is an application u/s 482 of Code of Criminal Procedure preferred by the applicants for quashing the impugned cognizance order dated 03.12.2011, summoning order dated 25.01.2012 passed by Judicial Magistrate-I, Agra and charge sheet dated 27.09.2011 as well as entire proceedings of Case No. 1095 of 2011 (State vs. Vinod and others), arising out of Case Crime No. 45 of 2011, under Sections 363, 366 IPC, Police Station Chitrahar, District Agra and also the consequential proceedings arising thereof, in respect to the present applicants, which is pending in the Court of Additional Chief Judicial Magistrate-VI, Agra.
4. Learned counsel for the applicants has submitted that a first information report was lodged on 14.08.2011 alleging that on 12.8.2011, the daughter of the first informant who was studying in Class XI age 16 years used to talk on mobile phone, which was in the name of the applicant no. 2 and thereafter on 12.8.2011 at 7:00 in the evening, she left the house. An FIR under Sections 363/366 IPC came to be filed. Learned counsel for the applicants has submitted that the applicants preferred a Criminal Misc. Writ Petition No. 17348 of 2011 (Smt. Renu and others vs. State of U.P. and others), in which stay of arrest was accorded to the applicants. Learned counsel submits that a charge sheet came to be submitted on 27.9.2011 in Case Crime No. 1095 of 2011 under Sections 363 and 366 IPC and cognizance whereof was taken on 3.12.2011. However, though the bailable and non-bailable warrants were issued but the applicants were not served with the warrants.
5. Learned counsel for the applicants has invited attention of the Court towards Annexure No. 7 at page 69 of the paper book so as to contend that the applicant no. 1 solemnized the marriage with the the daughter of the opposite party no. 2 and further with their wedlock, a baby was born on 30.07.2012. A copy of the same is Annexure No. 9 at page 72 of the paper book
6. Learned counsel for the applicants further submits that without recording the statements of the victim under Section 164 of the Cr.P.C., the charge sheet has been submitted, reference in this regard is made to the para 3 of the supplementary affidavit.
7. Learned counsel for the applicants also seeks to rely upon the judgment of the Hon'ble Apex Court in Shriram Urav vs. State of Chhattisgarh [Criminal Appeal No(s). 41 of 2021] to buttress his submission that once the marriage took place and the baby is born from the wedlock, then now nothing remains to be further proceeded with in a given circumstances of the case.
8. Learned counsel for the applicant submits that the applicants shall prefer an application seeking discharge and till the discharge application is decided, no coercive action shall be taken against the applicants.
9. Learned A.G.A., on the other hand, submits that whatever might be there is inordinate delay of more than 14 years in questioning the summoning and cognizance order, he, however, submits that it is always open for the applicants to file a discharge application.
10. Considering the submissions so made across the Bar, the application stands disposed of directing the applicants to prefer a discharge application before the court below by 20.06.2025 and on the said discharge application, the court below shall proceed to decide the same strictly, in accordance with law, without granting unnecessary adjournments.
11. Till the disposal of the discharge application, no coercive action shall be taken against the applicants in pursuance of the impugned cognizance order dated 03.12.2011, summoning order dated 25.01.2012 passed by Judicial Magistrate-I, Agra and charge sheet dated 27.09.2011 as well as Case No. 1095 of 2011 (State vs. Vinod and others), arising out of Case Crime No. 45 of 2011, under Sections 363, 366 IPC, Police Station Chitrahar, District Agra and also the consequential proceedings arising thereof, in respect to the present applicants, which is pending in the Court of Additional Chief Judicial Magistrate-VI, Agra.
12. The protection so accorded to the applicants shall only be confined in those contingencies wherein the applicants sticks to the time line and does not violate any of the conditions of the order.
Order Date :- 6.6.2025
Brijesh
