Smt Savita Singh and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Smt Savita Singh and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application u/s 528 BNSS disposed of: quashing prayer not pressed; applicants directed/permitted to file a discharge application before the Trial Court within three weeks, which is to be considered and decided expeditiously in accordance with law; interim protection granted - no coercive action against applicants for three weeks and, if such discharge application is filed within that period, till its disposal, conditioned upon the applicants cooperating in early disposal.

Issue for consideration

Whether the entire proceedings of Case No. 75369 of 2024 (arising out of Case Crime No. 73 of 2024, Sections 323, 504, 506, 452, 325 IPC, Police Station Hanumant Vihar, District Kanpur Nagar), including the charge-sheet dated 01.06.2024 and the cognizance/summoning order dated 29.08.2024, pending before Additional Civil Judge (S.D.)-IV, Kanpur Nagar, should be quashed pursuant to this Section 528 BNSS application. +1 more

Ratio / Principle

In case the applicants move an application for discharge before the Trial Court within a period of three weeks, the same shall be considered and decided expeditiously in accordance with law by the court concerned.

Key takeaways

For a period of three weeks, and in case a discharge application is filed within that period then till its disposal, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of the discharge application.ratio¶10

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Hon'ble Raj Beer Singh, J.) | Application U/S 528 BNSS No. 16668 of 2025 | Order dated 11.8.2025 | Neutral citation 2025:AHC:134938. Applicants Smt Savita Singh and 3 others (counsel: Shyam Narayan Verma) had filed under S. 528 BNSS for quashing of the entire proceedings of Case No. 75369 of 2024 (State Vs. Prabal Pratap Singh and Others), arising out of Case Crime No. 73 of 2024, under Sections - 323, 504, 506, 452, 325 IPC, Police Station Hanumant Vihar, District Kanpur Nagar, pending before Additional Civil Judge (S.D.)-IV, Kanpur Nagar - including the charge-sheet dated 01.06.2024 and the cognizance/summoning order dated 29.08.2024. At argument stage the quashing prayer was declared not pressed; counsel was permitted to instead seek discharge before the Trial Court. Court disposed of the application with directions: (i) a discharge application moved within three weeks shall be considered and decided expeditiously in accordance with law; (ii) no coercive action shall be taken against the applicants for three weeks and, if such application is filed within that period, till its disposal, provided the applicants cooperate in its early disposal. Opposite Party: State of U.P. and Another (G.A.).

Neutral Citation No. - 2025:AHC:134938

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 16668 of 2025

Applicant :- Smt Savita Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Narayan Verma 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 01.06.2024 as well as cognizance / summoning order dated 29.08.2024, of Case No. 75369 of 2024 (State Vs. Prabal Pratap Singh and Others), arising out of Case Crime No. 73 of 2024, under Sections - 323, 504, 506, 452, 325 IPC, Police Station - Hanumant Vihar, District - Kanpur Nagar, pending in the court of Additional Civil Judge (S.D.)-IV, Kanpur 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 :- 11.8.2025 S Rawat

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