Pradeep Kumar Sharma and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Pradeep Kumar Sharma and Another 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 applicants for three weeks and, if the discharge application is filed within that period, till its disposal (subject to cooperation in early disposal); the court concerned directed to consider and decide the discharge application expeditiously in accordance with law.

Issue for consideration

Whether the entire criminal proceedings in Case No. 3456 of 2023 (State v. Pradeep Kumar Sharma and another), arising out of Case Crime No.0332 of 2023, including the summoning order dated 01.08.2023 and the charge-sheet dated 16.06.2023, should be quashed. +1 more

Ratio / Principle

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

Key takeaways

No coercive action shall be taken against the applicants for a period of three weeks from the date of this order and, if the application for discharge is filed within that period, till the disposal of the discharge application, provided the applicants cooperate in its early disposal.ratio¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Raj Beer Singh, J.), Application U/S 528 BNSS No. 22404 of 2025, Pradeep Kumar Sharma and Another v. State of U.P. and Another, decided 10.7.2025: Applicants had sought quashing of the entire proceedings of Case No. 3456 of 2023 (State v. Pradeep Kumar Sharma and another), arising out of Case Crime No.0332 of 2023 under Sections 323, 504, 506 of IPC, Police Station Gandhi Park, District Aligarh, pending before Additional Chief Judicial Magistrate-I, Aligarh, including the summoning order dated 01.08.2023 and charge-sheet dated 16.06.2023. During hearing, counsel submitted that the quashing prayer was not being pressed and sought liberty to move a discharge application with interim protection. The High Court disposed of the application, directing that any discharge application filed within three weeks be considered and decided expeditiously in accordance with law, and that no coercive action be taken against the applicants for three weeks and, on timely filing of the discharge application, till its disposal, provided the applicants cooperate in its early disposal.

Neutral Citation No. - 2025:AHC:111882

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 22404 of 2025

Applicant :- Pradeep Kumar Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Byas Kumar Prasad,Pradeep Kumar Keshri 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 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 01.08.2023 as well as charge-sheet dated 16.06.2023, of Case No. 3456 of 2023 (State v. Pradeep Kumar Sharma and another), arising out of Case Crime No.0332 of 2023, under Sections 323, 504, 506 of IPC, Police Station - Gandhi Park, District - Aligarh, pending in the court of Additional Chief Judicial Magistrate-I, Aligarh.

After arguing at some length, learned counsel for the applicants submitted that the prayer 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 them.

In view of aforesaid, it is directed that in case applicants move an application for discharge before the 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 :- 10.7.2025 Rama Kant

Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad