Subhash Chaudhary @ Subhash Kumar and 3 Others vs… — Cheating and Forgery | Allahabad HC (2025)

Subhash Chaudhary @ Subhash Kumar and 3 Others vs… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to move a discharge application before the trial court within three weeks (to be decided expeditiously in accordance with law) and interim protection from coercive action for three weeks, extending till disposal of the discharge application if so filed, subject to the applicants' cooperation.

Issue for consideration

Whether the entire proceedings in Case No. 635 of 2025 (State Vs. Subhash Chaudhary and Others), including the charge-sheet dated 14.01.2025 and cognizance / summoning order dated 18.02.2025, arising out of Case Crime No. 753 of 2024 under Section 318(4) BNS, are liable to be quashed under Section 528 BNSS. +1 more

Ratio / Principle

It is directed that if the applicants move a discharge application before the trial court concerned within three weeks, the same shall be considered and decided expeditiously in accordance with law.

Key takeaways

Interim protection granted: for three weeks from the date of the order, and if the discharge application is filed within that period then till its disposal, no coercive action shall be taken against the applicants, provided they cooperate in early disposal of the discharge application.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), Application U/S 528 BNSS No. 17697 of 2025, decided 4.8.2025: Applicants sought quashing of the entire proceedings, including charge-sheet dated 14.01.2025 and cognizance / summoning order dated 18.02.2025, in Case No. 635 of 2025 arising out of Case Crime No. 753 of 2024 under Section 318(4) BNS, P.S. Vijai Nagar, District Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No.2, Ghaziabad. At the hearing the quashing prayer was not pressed; instead, liberty was sought to move a discharge application before the trial court with interim protection. The Court directed that if a discharge application is moved before the trial court within three weeks, it shall be considered and decided expeditiously in accordance with law, and that for three weeks, and if such application is filed within that period till its disposal, no coercive action shall be taken against the applicants, provided they cooperate in early disposal. The Section 528 BNSS application was accordingly disposed of.

Neutral Citation No. - 2025:AHC:129993

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 17697 of 2025

Applicant :- Subhash Chaudhary @ Subhash Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deependra 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 the entire proceedings, including charge-sheet dated 14.01.2025 as well as cognizance / summoning order dated 18.02.2025, of Case No. 635 of 2025 (State Vs. Subhash Chaudhary and Others), arising out of Case Crime No. 753 of 2024, under Section - 318 (4) BNS, Police Station - Vijai Nagar, District - Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Ghaziabad.

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 :- 4.8.2025 S Rawat

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