Rahul Yadav and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC17 Nov 2025NA528/1749/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS for quashing charge sheet and summoning order dismissed with liberty to file discharge application under Cr.P.C.; trial court directed to decide discharge plea in four weeks; no coercive steps for six weeks.

What did the court decide?

Liberty to file discharge application under Cr.P.C. within two weeks; trial court to dispose within four weeks; no coercive steps for six weeks. ¶¶13

Rahul Yadav and Another Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

APPLICATION U/S 528 BNSS No. - 1749 of 2025

¶3

Rahul Yadav And Another

¶4

.....Applicant(s)

¶5

Versus

¶6

State Of U.P. Thru. Prin. Secy. Home Another	U.P. Lko. And .....Opposite Party(s)
Counsel for Applicant(s) :	Jay Kumar Soni, Nevedita Gupta
Counsel for Opposite Party(s) :	G.A.

¶7

Court No. - 16

¶8

HON'BLE BRIJ RAJ SINGH, J.

¶9

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

¶10

The present application under Section 528 B.N.S.S. has been filed seeking quashing of impugned charge sheet dated 16.03.2025 and summoning order dated 05.05.2025 as well as entire proceedings arising out of Case Crime No.0036 of 2025 under Sections 115(2), 352 BNS, Police Station P.G.I., District Lucknow registered as Criminal Case No.43360 of 2025 (State vs. Rahul Singh Yadav) pending before the Court of Chief Judicial Magistrate, Lucknow.

¶11

Learned counsel for the applicant submits that he wants to move an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not have any objection.

¶12

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. Till expiry of six weeks, no coercive steps shall be taken against him.

¶13

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

¶14

(Brij Raj Singh,J.)

¶15

November 17, 2025 /Preeti

¶16

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Rahul Yadav and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

Rahul Yadav and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vibhanshu Srivastava vs State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Deptt. of Home Lko. and 3 Others

Ishu Sonkar vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Suresh Kumar Singh vs the State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Md. Vaseem vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Rahul Yadav and Another vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Ram Asre Maurya and 4 Others vs State of U.P Thru. the Prin. Secy. Deptt. of Home Govt. Lko. and Another