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

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

What the court decided

AI extract

Outcome

Liberty to move a discharge application before the trial court within three weeks, which shall be considered and decided expeditiously in accordance with law; interim protection in that no coercive action shall be taken against the applicants for three weeks and, if the discharge application is filed within that period, until its disposal, subject to the applicants cooperating in its early disposal.

Issue for consideration

Whether the entire criminal proceedings in Case No. 15741 of 2024 (State Vs. Chanchal Viltoriya and others), including the charge-sheet dated 02.12.2023 and the cognizance / summoning order dated 22.03.2024, arising out of Case Crime No.208 of 2023, should be quashed under Section 528 BNSS. (The Court did not expressly frame any issue; this is derived from the stated object of the application.)

Court's answer

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.

Ratio / Principle

No coercive action shall be taken against the applicants for a period of three weeks; and in case such an application for discharge is filed within that period, no coercive action shall be taken till the disposal of the discharge application, provided the applicants cooperate in its early disposal.

Key takeaways

The application u/s 528 BNSS is disposed of with the aforesaid observations/directions.ratio¶¶5

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.; September 8, 2025) — Application u/s 528 BNSS No. 28931 of 2025, Chanchal Viltoriya And 3 Others v. State of U.P. and Another. The application sought quashing of entire criminal proceedings, including the charge-sheet dated 02.12.2023 and the cognizance / summoning order dated 22.03.2024, in Case No. 15741 of 2024 (State Vs. Chanchal Viltoriya and others) arising out of Case Crime No.208 of 2023, under Sections 452, 323, 504, 506 IPC, P.S.- Nagfani, District- Moradabad, pending before A.C.J.M., Court No.4, Moradabad. After arguing at some length, counsel for the applicants submitted that the quashing prayer was not being pressed and sought permission to move a discharge application before the trial court, with interim protection till then. The Court directed that if a discharge application is moved before the trial court within three weeks, it 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, upon such an application being filed within that period, until its disposal, provided the applicants cooperate in its early disposal. The application was disposed of with these observations.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 28931 of 2025

Chanchal Viltoriya And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: R.P.S. Chauhan
Counsel for Opposite Party(s)	: G.A.

Court No. - 71

HON'BLE RAJ BEER SINGH, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS ') has been filed for quashing of entire proceedings, including charge-sheet dated 02.12.2023 as well as cognizance / summoning order dated 22.03.2024, of Case No. 15741 of 2024 (State Vs. Chanchal Viltoriya and others), arising out of Case Crime No.208 of 2023, under Sections 452, 323, 504, 506 IPC, P.S.- Nagfani, District- Moradabad, pending in the court of A.C.J.M., Court No.4, Moradabad.

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.

September 8, 2025 'SP'/-

(Raj Beer Singh,J.)

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