Surendra and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Surendra and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under S. 528 BNSS disposed of with observations permitting the applicants to file a discharge application within three weeks, directing its expeditious consideration in accordance with law, and granting interim protection from coercive action (conditioned on the applicants' cooperation) for three weeks and thereafter until disposal of the discharge application.

Issue for consideration

Whether the entire criminal proceedings of Case No. 6423 of 2025 (State Vs. Surendra and Another), including the charge-sheet dated 13.02.2025 and cognizance / summoning order dated 28.03.2025, arising out of Case Crime No. 588 of 2024 under Sections - 308(4), 351(2) BNS, should be quashed.

Court's answer

In view of the applicants not pressing the quashing prayer, the court directed that if the applicants move an application for discharge before the Trial Court within three weeks, it shall be considered and decided expeditiously in accordance with law by the court concerned.

Key takeaways

For three weeks from the date of the order and, if a discharge application is filed within that period, until its disposal, no coercive action shall be taken against the applicants, provided they cooperate in early disposal of the discharge application.¶¶10

Detailed headnote1 paragraphs

Neutral Citation 2025:AHC:106920 — High Court of Judicature at Allahabad (Raj Beer Singh, J.; Order dated 8.7.2025): Application under S. 528 BNSS (No. 15774 of 2025) by Surendra and another for quashing of entire proceedings, including charge-sheet dated 13.02.2025 and cognizance / summoning order dated 28.03.2025, of Case No. 6423 of 2025 (State Vs. Surendra and Another) arising out of Case Crime No. 588 of 2024 under Sections - 308(4), 351(2) BNS, Police Station Beta-2, District Gautam Buddh Nagar, pending before the Additional Chief Judicial Magistrate-II, Gautam Buddh Nagar. Counsel for the applicants did not press the prayer and sought liberty to file a discharge application before the Trial Court along with interim protection. The Court directed that a discharge application moved within three weeks would be considered and decided expeditiously in accordance with law, and that for three weeks (and, if such application is filed, until its disposal) no coercive action would be taken against the applicants, provided they cooperate in early disposal. The application was accordingly disposed of with these observations; no adjudication on the merits of quashing took place.

Neutral Citation No. - 2025:AHC:106920

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 15774 of 2025

Applicant :- Surendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 13.02.2025 as well as cognizance / summoning order dated 28.03.2025, of Case No. 6423 of 2025 (State Vs. Surendra and Another), arising out of Case Crime No. 588 of 2024, under Sections - 308(4), 351(2) BNS, Police Station - Beta-2, District - Gautam Buddh Nagar, pending in the court of Additional Chief Judicial Magistrate-II, Gautam Buddh Nagar.

After arguing at some length, learned counsel for the applicants submitted that the prayer as made above is not being pressed and that applicants may be permitted to move an application for discharge before the Trial court concerned and till then protection may be granted to the applicants.

In view of aforesaid, it is directed that in case applicants move an application for discharge before the Trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an

application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application.

The application u/s 528 BNSS is disposed of with aforesaid observations.

Order Date :- 8.7.2025 S Rawat

Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad