Smt Meena Devi and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Smt Meena Devi and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the entire proceedings in Case No. 21929 of 2025 (State Vs. Meena Devi and others), arising out of Case Crime No. 815 of 2024, including the charge-sheet dated 07.01.2025 and the cognizance/summoning order dated 21.03.2025, are liable to be quashed under Section 528 BNSS. +1 more

Court's answer

The quashing prayer not being pressed, the applicants were permitted to move a discharge application before the trial court; if such application is filed within three weeks, the court concerned shall consider and decide it expeditiously in accordance with law.

Ratio / Principle

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

Detailed headnote1 paragraphs

Criminal miscellaneous — Application under Section 528 BNSS for quashing of entire proceedings in Case No. 21929 of 2025 (State Vs. Meena Devi and others), arising out of Case Crime No. 815 of 2024, under Sections 115(2), 352, 351(3) BNS, P.S. Gola, District Gorakhpur, including charge-sheet dated 07.01.2025 and cognizance/summoning order dated 21.03.2025 — after argument, quashing prayer not pressed; applicants permitted to move a discharge application before the trial court — if filed within three weeks, trial court to consider and decide it expeditiously in accordance with law — no coercive action against applicants for three weeks and, if such application is filed, till its disposal, provided applicants cooperate — application disposed of (Allahabad High Court, Raj Beer Singh, J.; order dated 12.8.2025).

Neutral Citation No. - 2025:AHC:137019

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 20916 of 2025

Applicant :- Smt Meena Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Babu,Sweta Gaur 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 07.01.2025 as well as cognizance / summoning order dated 21.03.2025, of Case No. 21929 of 2025 (State Vs. Meena Devi and others), arising out of Case Crime No.815 of 2024, under Sections 115(2), 352, 351(3) BNS, P.S.- Gola, District- Gorakhpur, pending in the court of Judicial Magistrate- IInd, Gorakhpur.

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 :- 12.8.2025

'SP'/-

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