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

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

What the court decided

AI extract

Outcome

Liberty to move an application for discharge before the Trial court within three weeks; interim protection whereby no coercive action shall be taken against the applicants for 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.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 104321 of 2022 (State Vs. Onkar Singh), including the charge-sheet dated 18.10.2022 and cognizance order dated 26.05.2023, arising out of Case Crime No. 173 of 2022 under Sections - 447, 504, 506 I.P.C., should be quashed. +1 more

Ratio / Principle

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

Key takeaways

Till the disposal of the discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of the discharge application; this protection applies for three weeks and, in case such an application for discharge is filed within that period, until its disposal.ratio¶4
The application u/s 528 BNSS is disposed of with the aforesaid observations (the quashing prayer having not been pressed by the applicants' counsel).ratio¶5

Detailed headnote1 paragraphs

Application u/s 528 BNSS No. 17966 of 2025 (Onkar Singh And Another v. State of U.P. and Another), seeking quashing of entire proceedings of Criminal Case No. 104321 of 2022 (State Vs. Onkar Singh), arising out of Case Crime No. 173 of 2022 under Sections - 447, 504, 506 I.P.C., Police Station - Juhi, District - Kanpur Nagar, including charge-sheet dated 18.10.2022 and cognizance order dated 26.05.2023, pending before J.M, Court No.8, Kanpur Nagar. After argument, counsel for the applicants did not press the quashing prayer and sought liberty to move a discharge application with interim protection. The High Court directed that a discharge application moved within three weeks shall be considered and decided expeditiously in accordance with law, and that no coercive action shall be taken against the applicants for three weeks and, if the discharge application is filed within that period, till its disposal, provided the applicants cooperate in early disposal. Application disposed of. (Raj Beer Singh, J.; Order Date 12.8.2025.)

Neutral Citation No. - 2025:AHC:136142

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 17966 of 2025

Applicant :- Onkar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalji Yadav,Yashpal Yadav 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 18.10.2022 and cognizance order dated 26.05.2023, of Criminal Case No. 104321 of 2022 (State Vs. Onkar Singh), arising out of Case Crime No. 173 of 2022, under Sections - 447, 504, 506 I.P.C., Police Station - Juhi, District - Kanpur Nagar, pending in the court of J.M, Court No.8, 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 :- 12.8.2025 S Rawat

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