Madhukar Mishra and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Madhukar Mishra and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection from coercive action for three weeks and, if a discharge application is filed within that period, until its disposal, subject to the applicants cooperating in early disposal; the discharge application, if filed within three weeks, to be considered and decided expeditiously by the Trial court.

Issue for consideration

Whether the entire criminal proceedings, including the charge-sheet dated 27.10.2022 and the cognizance order dated 10.07.2023, in Case No. 2068 of 2023 arising out of Case Crime No. 2 of 2022 should be quashed.

Court's answer

Learned counsel for the applicants submitted that the quashing prayer was not being pressed and that the applicants may be permitted to move an application for discharge before the Trial court concerned, with interim protection till then.

Ratio / Principle

If the applicants move a discharge application before the Trial court concerned within three weeks, the same shall be considered and decided expeditiously in accordance with law by the court concerned.

Key takeaways

Interim protection: for a period of three weeks, 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.ratio¶16
The application under Section 528 BNSS was disposed of with the aforesaid observations; the quashing question itself was not adjudicated.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) disposed of an application under Section 528 BNSS (No. 29853 of 2025) by Madhukar Mishra and 4 Others seeking quashing of entire proceedings, including charge-sheet dated 27.10.2022 and cognizance order dated 10.07.2023, in Case No. 2068 of 2023 arising out of Case Crime No. 2 of 2022 under Sections 147, 148, 149, 354, 323, 504, 506 I.P.C., P.S. Attarsuiya, District Prayagraj, pending before A.C.J.M.-VIIth, Allahabad. Counsel did not press the quashing prayer and sought liberty to seek discharge. The Court directed that if a discharge application is moved before the Trial court within three weeks it shall be decided expeditiously in accordance with law, and that no coercive action be taken against the applicants for three weeks and, if such application is filed, till its disposal, provided the applicants cooperate in early disposal.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 29853 of 2025

Madhukar Mishra And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Santosh Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 71

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 under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 27.10.2022 as well as cognizance order dated 10.07.2023, of Case No. 2068 of 2023 (State Vs. Madhukar Mishra and Others), arising out of Case Crime No. 2 of 2022, under Sections - 147, 148, 149, 354, 323, 504, 506 I.P.C., Police Station - Attarsuiya, District - Prayagraj, pending in the court of A.C.J.M.-VIIth, Allahabad.

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

NA528 No. 29853 of 2025

2

of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application.

The application under Section - 528 BNSS is disposed of with aforesaid observations.

September 19, 2025 S Rawat

(Raj Beer Singh,J.)

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