Shahnwaj Alias Shahnwaj Saifi Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shahnwaj Alias Shahnwaj Saifi Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicant for three weeks and, if a discharge application is filed within that period, until its disposal, provided the applicant cooperates in early disposal; liberty to move a discharge application before the trial court, to be considered and decided expeditiously in accordance with law. The quashing prayer itself was not pressed.

Issue for consideration

Whether the entire criminal proceedings, including the charge-sheet dated 20.11.2023 and cognizance/summoning order dated 20.05.2024 in Case No. 10694 of 2024 (State Vs. Gulab and Another), arising out of Case Crime No. 236 of 2023 under Sections 414, 420, 465 IPC, should be quashed. +1 more

Court's answer

The application u/s 528 BNSS is disposed of with the aforesaid observations; the quashing prayer was not pressed and no adjudication on its merits was made.

Ratio / Principle

If the applicant moves 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 such a discharge application is filed within that period, until its disposal, no coercive action shall be taken against the applicant, provided the applicant cooperates in early disposal of the discharge application.ratio¶10

Detailed headnote1 paragraphs

BNSS S.528 (Allahabad High Court, Raj Beer Singh, J., order dated 11.07.2025) — Application by Shahnwaj Alias Shahnwaj Saifi for quashing of entire proceedings, including charge-sheet dated 20.11.2023 and cognizance/summoning order dated 20.05.2024, in Case No. 10694 of 2024 (State Vs. Gulab and Another), arising out of Case Crime No. 236 of 2023 under Sections 414, 420, 465 IPC, Police Station Inchauli, District Meerut, pending before Additional Chief Judicial Magistrate, Court No.4, Meerut — After argument, counsel submitted that the quashing prayer was not being pressed and sought permission to move a discharge application before the trial court with interim protection — Court directed that if the applicant moves a discharge application within three weeks it shall be considered and decided expeditiously in accordance with law, and that no coercive action shall be taken against the applicant for three weeks and, if such application is filed within that period, till its disposal, provided the applicant cooperates in early disposal — Application u/s 528 BNSS disposed of with these observations.

Neutral Citation No. - 2025:AHC:110817

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 18647 of 2025

Applicant :- Shahnwaj Alias Shahnwaj Saifi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant, 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 20.11.2023 and cognizance / summoning order dated 20.05.2024, of Case No. 10694 of 2024 (State Vs. Gulab and Another), arising out of Case Crime No. 236 of 2023, under Sections - 414, 420, 465 I.P.C., Police Station - Inchauli, District - Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Meerut.

After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an application for discharge before the Trial court concerned and till then protection may be granted to the applicant.

In view of aforesaid, it is directed that in case applicant moves 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 applicant, provided the applicant cooperate in early disposal of discharge application.

The application u/s 528 BNSS is disposed of with aforesaid observations.

Order Date :- 11.7.2025 S Rawat

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