Allahabad High Court

BECHELAL AND OTHERSversusSTATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER

Decided: 5 January 2026
Disposal: Disposed off/Decided on merits
Bench: BRIJ RAJ SINGH

Holding

The High Court permitted the applicants to file a discharge application under the Cr.P.C. and stayed coercive steps, thereby disposing of the Section 482 application.

Summary

The applicants, Bechelal and others, filed an application under Section 482 of the Criminal Procedure Code seeking to set aside an order dated 6 May 2022 passed by the Additional District & Sessions Judge (POCSO and Rape Cases Court) in Criminal Revision No.8 of 2021, and a summoning order dated 4 January 2021 passed by the Judicial Magistrate in Complaint Case No.2408 of 2019. They further requested permission to file a discharge application under the Cr.P.C. The High Court, after hearing counsel for both sides, allowed the applicants to file the discharge application within two weeks and directed the trial court to dispose of it within four weeks. The Court also stayed any coercive steps against the applicants for a period of six weeks. The application was thereafter disposed of with the above directions.

Issues considered

Whether the High Court may entertain an application under Section 482 of the Cr.P.C. to set aside the impugned orders.
Whether the applicants may be permitted to file a discharge application under the Cr.P.C. and obtain a stay of coercive measures.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Section 482
discharge application
stay of proceedings
High Court inherent powers
criminal revision
POCSO
appeal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 3725 of 2022

Bechelal And Others
.....Applicant(s)
Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home
And Another .....Opposite
Party(s)

Counsel for Applicant(s) : M.K. Dixit, Prashant Kumar Mishra
Counsel for Opposite Party(s) : G.A., Shailesh Kumar Singh

Court No. - 16
HON'BLE BRIJ RAJ SINGH, J.

1. Heard learned counsel for the applicant as well as learned
AGA and perused the record.

2. By means of this application, the applicants have prayed for
setting aside the order dated 6.5.2022 passed by the Additional
District & Sessions Judge/POCSO and Rape Cases Court No.13,
Lakhimpur Kheri in Criminal Revision No.8 of 2021 and the
summoning order dated 4.1.2021 passed by the Judicial
Magistrate, Lakhimpur Keri in Complaint Case No.2408 of
2019.

3. After arguing at some length, learned counsel for the
applicants 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 their counsel. Till
expiry of six weeks from today, no coercive steps shall be taken
against the applicants.
A482 No. 3725 of 2022
2

5. With the aforesaid observations/directions, this application
stands disposed of.

(Brij Raj Singh,J.)
January 5, 2026
Rao/-

Digitally signed by :-
CHEBROLU SRINIVASA RAO
High Court of Judicature at Allahabad,
Lucknow Bench

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