Avnish Kumar Alias Abinda Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Avnish Kumar Alias Abinda Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to appear before the court below and file a discharge application in terms of Section 250 BNSS within two weeks with a certified copy of the order; the court below to decide such application within two months by a reasoned and speaking order, and to proceed against the applicant only after its disposal.

Issue for consideration

Whether the summoning order dated 29.11.2024, the charge-sheet dated 27.09.2024 and the entire criminal proceedings of Criminal Case no. 16066 of 2024 (arising out of Case crime no. 116 of 2024, Sections 69, 351(3), 352 BNS, P.S. Balua, Chandauli) should be quashed.

Court's answer

Since the applicant's counsel gave up the quashing prayer and sought only liberty to seek discharge before the court below, the Court found that no useful purpose would be served by keeping the application pending.

Ratio / Principle

The application was disposed of finally with liberty to the applicant to appear before the court below and file a discharge application in terms of Section 250 BNSS within two weeks along with a certified copy of the order; if so filed within the prescribed period, the court below shall decide it by a reasoned and speaking order within two months thereafter.

Key takeaways

The court below shall proceed against the applicant only after the disposal of the discharge application.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J.), order dated 7.4.2025 in Application u/s 528 BNSS No. 11109 of 2025: Avnish Kumar Alias Abinda Kumar, a charge-sheeted accused also facing trial before the Juvenile Justice Board, sought quashing of the summoning order dated 29.11.2024 and charge-sheet dated 27.09.2024 in Criminal Case no. 16066 of 2024 (Case crime no. 116 of 2024, Sections 69, 351(3), 352 Bhartiya Nyay Sanita, 2023, P.S. Balua, Chandauli) pending before Civil Judge (J.D.) F.T.C. 1st/Judicial Magistrate, Chandauli. Counsel gave up the quashing prayer and sought liberty to seek discharge under Section 250 BNSS, to which the State raised no objection. The application was disposed of finally with liberty to file a discharge application under Section 250 BNSS within two weeks; the court below to decide it within two months by a reasoned and speaking order and to proceed against the applicant only after its disposal.

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 11109 of 2025

Applicant :- Avnish Kumar Alias Abinda Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Dhirendra Kumar Srivastava, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1.

Perused the record.

Appicant- Avnish Kumar Alias Abinda Kumar a charge sheeted accused and also facing trail before concerned Juvenile justice Board has approached this Court by means of present application under section 528 BNSS with the following prayer:

"It is, therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 29.11.2024 passed by Civil Judge (J.D.) F.T.C. 1st/Judicial Magistrate, Chandauli and charge-sheet dated 27.09.2024 as well as entire criminal proceeding of Criminal Case no. 16066 of 2024 arising out of Case crime no. 116 of 2024, Under Sections 69, 351(3), 352 of Bhartiya Nyay Sanita, 2023, Police Station-Balua, District-Chandauli, pending before the court of Civil Judge (J.D.) F.T.C. 1st/Judicial Magistrate, Chandauli:

It is, further prayed that further proceeding of Criminal Case no. 16066 of 2024 pending before the court of Civil Judge (J.D.) F.T.C. 1st/Judicial Magistrate, Chandauli may remain stayed the Applicants only, otherwise the Applicants shall suffer irreparable loss and injury and/or may pass such other and further orders as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

Learned counsel for applicant initially tried to impress upon the court regarding the legality of proceedings pending against accused applicant before court below. However, he subsequently gave up the prayer prayed for by means of present application.

Learned counsel for applicant thus submits that interest of justice shall be served in case liberty is granted to applicant to approach the court below and seeks discharge in terms of Section 250 BNSS.

Learned A.G.A. representing State/opposite party-1 has no

objection to the prayer made by the learned counsel for applicant.

Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record this Court finds that no useful purpose shall be served by keeping this application pending.

Accordingly, this application is disposed of finally with liberty to applicant to appear before Court below and file a discharge application in terms of section 250 BNSS within a period of two weeks from today along with a certified copy of this order. In case, such a discharge application is filed by applicant, within the prescribed period, Court below shall thereafter decide the same by a reasoned and speaking order within a period of two months thereafter.

It goes without saying that Court below shall proceed against the applicant only after the disposal of discharge application.

Order Date :- 7.4.2025 Arshad

Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad