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

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Allahabad HC
2025
Vivek and 3 Others Vs State of U.P. and AnotherVivek and 3 Others v. State of U.P. and Another

Disposed¶¶12

Vivek and 3 Others v. State of U.P. and Another

Allahabad HC7 Aug 2025NA528/23240/2025

Case brief

AI extract

What is this about?

S. 528 BNSS quashing application disposed; prayer not pressed; liberty to file discharge application within three weeks before trial court; direction for expeditious disposal; interim protection — no coercive action till disposal of discharge application subject to cooperation; charge-sheet dated 02.09.2024; cognizance / summoning order dated 04.03.2025; Criminal Case No. 752 of 2025; Case Crime No. 439 of 2024; Sections 115(2), 351(2), 352 BNS; P.S. Sindhauli, District Shahjahanpur; Judicial Magistrate-IInd, Shahjahanpur; Raj Beer Singh, J.; order dated 8.8.2025.

What did the court decide?

Interim protection: no coercive action against the applicants for three weeks and, if a discharge application is filed within that period, till its disposal, provided the applicants cooperate; trial court to decide the discharge application expeditiously in accordance with law.

Why is it important?

If the applicants move a discharge application before the trial court within three weeks, the trial court shall consider and decide it expeditiously in accordance with law. ¶¶11

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants for three weeks and, if a discharge application is filed within that period, till its disposal, provided the applicants cooperate; trial court to decide the discharge application expeditiously in accordance with law.

Issue for consideration

Whether the applicants, whose quashing prayer under S. 528 BNSS was not pressed, were entitled to interim protection from coercive action while they move a discharge application before the trial court.

Court's answer

If the applicants move a discharge application before the trial court within three weeks, the trial court shall consider and decide it expeditiously in accordance with law.

Ratio / Principle

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

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) disposed of an application under S. 528 BNSS by Vivek and 3 Others seeking quashing of entire proceedings of Criminal Case No. 752 of 2025 (State Vs. Vivek and Others), including charge-sheet dated 02.09.2024 and cognizance / summoning order dated 04.03.2025, arising out of Case Crime No. 439 of 2024 under Sections 115(2), 351(2), 352 BNS, Police Station Sindhauli, District Shahjahanpur, pending before Judicial Magistrate-IInd, Shahjahanpur. The quashing prayer was not pressed; applicants were permitted to move a discharge application before the trial court within three weeks, to be considered and decided expeditiously in accordance with law; and no coercive action was to be taken against the applicants for three weeks and, if such an application is filed within that period, till its disposal, provided the applicants cooperate in early disposal. Order date: 8.8.2025 (Neutral Citation: 2025:AHC:134269).

A

Neutral Citation No. - 2025:AHC:134269

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 23240 of 2025

Applicant :- Vivek And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Supplementary affidavit filed by learned counsel for the applicants, in Court today, is taken on record.

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 02.09.2024 and cognizance / summoning order dated 04.03.2025, of Criminal Case No. 752 of 2025 (State Vs. Vivek and Others), arising out of Case Crime No. 439 of 2024, under Sections - 115(2), 351(2), 352 BNS, Police Station - Sindhauli, District - Shahjahanpur, pending in the court of Judicial Magistrate-IInd, Shahjahanpur.

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 :- 8.8.2025 S Rawat

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicants, whose quashing prayer under S. 528 BNSS was not pressed, were entitled to interim protection from coercive action while they move a discharge application before the trial court.medium confidence¶¶9
The court held
If the applicants move a discharge application before the trial court within three weeks, the trial court shall consider and decide it expeditiously in accordance with law.ratio¶¶11

Statutes considered

2 provisions across 2 enactments

AI extract

Bharatiya Nagarik Suraksha Sanhita, 2023528¶¶8
Bharatiya Nyaya Sanhita, 2023115(2), 351(2), 352¶¶8

Procedural history

How this case reached the court

AI extract

Order under challenge
Quashing sought of entire proceedings of Criminal Case No. 752 of 2025 (State Vs. Vivek and Others), including charge-sheet dated 02.09.2024 and cognizance / summoning order dated 04.03.2025, arising out of Case Crime No. 439 of 2024 under Sections 115(2), 351(2), 352 BNS, P.S. Sindhauli, District Shahjahanpur.¶¶8
Judicial Magistrate-IInd, Shahjahanpur · 04.03.2025
Prior proceeding
Case Crime No. 439 of 2024 registered under Sections 115(2), 351(2), 352 BNS at Police Station Sindhauli, District Shahjahanpur.¶¶8
Prior proceeding
Charge-sheet dated 02.09.2024 filed in the case.¶¶8
Prior proceeding
Cognizance / summoning order dated 04.03.2025 passed; Criminal Case No. 752 of 2025 pending before Judicial Magistrate-IInd, Shahjahanpur.¶¶8
Prior proceeding
Supplementary affidavit filed by counsel for the applicants taken on record by this Court.¶¶6

Parties & counsel

AI extract

applicant
Vivek And 3 Others¶¶4
Suresh Dhar Dwivedi
respondent
State of U.P. and Another¶¶4
G.A.

Coram

AI extract

Raj Beer Singhauthor¶¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 7 Aug 2025 · August
Registered: 1 Jul 2025
Case no.: NA528/23240/2025
CNR: UPHC013062402025
Case type: APPLICATION U/S 528 BNSS

All orders in this case

2 orders share this CNR

7 Aug 2025Order 1 — this page
8 Aug 2025Order 2 · Raj Beer Singh

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Cite this judgement

Vivek and 3 Others v. State of U.P. and Another, NA528/23240/2025 (ALL), decided on 7 August 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Bharatiya Nagarik Suraksha Sanhita, 2023528
Bharatiya Nyaya Sanhita, 2023115(2), 351(2), 352

View all statutes

Procedural history5

Quashing sought of entire proceedings of Criminal Case No. 752 of 2025 (State Vs. Vivek and Others), including charge-sheet dated 02.09.2024 and cognizance / summoning order dated 04.03.2025, arising out of Case Crime No. 439 of 2024 under Sections 115(2), 351(2), 352 BNS, P.S. Sindhauli, District Shahjahanpur.Judicial Magistrate-IInd, Shahjahanpur · 04.03.2025
Case Crime No. 439 of 2024 registered under Sections 115(2), 351(2), 352 BNS at Police Station Sindhauli, District Shahjahanpur.
Charge-sheet dated 02.09.2024 filed in the case.

View full history

Bench / Coram

Raj Beer Singh

Parties & counsel