Shesh Nath and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Shesh Nath and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicants to move a discharge application before the trial court within three weeks; direction that such application be considered and decided expeditiously in accordance with law; no coercive action against the applicants for three weeks and, if the discharge application is filed within that period, till its disposal, subject to their cooperation in early disposal.

Issue for consideration

Whether the entire proceedings of Case No. 18536 of 2024 (arising out of Case Crime No. 254 of 2023), including the charge-sheet dated 18.11.2024 and cognizance/summoning order dated 24.12.2024, should be quashed under Section 528 BNSS. +1 more

Court's answer

The application under Section 528 BNSS is disposed of with the aforesaid observations, the quashing prayer having been not pressed.

Ratio / Principle

If the applicants move an application for discharge before the trial court within three weeks, the same shall be considered and decided expeditiously in accordance with law.

Key takeaways

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

Detailed headnote1 paragraphs

Criminal quashing application under Section 528 BNSS against entire proceedings of Case No. 18536 of 2024 (arising out of Case Crime No. 254 of 2023, Sections 420, 467, 468, 323, 504, 506 IPC, P.S. Balua, District Chandauli), including charge-sheet dated 18.11.2024 and cognizance/summoning order dated 24.12.2024 pending before Civil Judge (J.D)/F.T.C.-Ist/Judicial Magistrate, Chandauli. Quashing prayer not pressed; applicants permitted to move a discharge application before the trial court within three weeks, to be decided expeditiously in accordance with law; no coercive action against applicants for three weeks and till disposal of the discharge application if filed in time, provided they cooperate. Application disposed of.

Neutral Citation No. - 2025:AHC:113298

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 16778 of 2025

Applicant :- Shesh Nath And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application u/s 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS ') has been filed for quashing of the entire proceedings, including charge-sheet dated 18.11.2024 as well as cognizance / summoning order dated 24.12.2024, of Case No. 18536 of 2024, arising out of Case Crime No.254 of 2023, under Sections 420, 467, 468, 323, 504, 506 IPC, P.S.- Balua, District- Chandauli, pending in the court of Civil Judge (J.D) / F.T.C.-Ist / Judicial Magistrate, Chandauli.

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 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 :- 15.7.2025

'SP'/-

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad