Disposed¶16

Shivam Alias Shubham v. State of U.P. and Another

Allahabad HC2 Sept 2025NA528/31385/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application disposed of with liberty to seek discharge under Section 250(2) BNSS; charge sheet dated 29.06.2024 in Session Case No.1258 of 2025 (State Versus Shivam @ Shubham) arising out of Case Crime No.779 of 2023 under Sections 498A, 323, 506, 313, 325 IPC and 3/4 D.P. Act, P.S. Hapur Nagar, District Hapur; 15 days to appear and file discharge application; 30-day protection from coercive action; Vikram D. Chauhan, J.; decided September 3, 2025.

What did the court decide?

Liberty to the applicant to appear before the trial court within 15 days and move a discharge application under Section 250(2) BNSS; trial court to decide such application on merits expeditiously; no coercive action against the applicant for 30 days. ¶16

Shivam Alias Shubham Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 29.06.2024 and the entire proceedings of Session Case No.1258 of 2025 (State Versus Shivam @ Shubham), arising out of Case Crime No.779 of 2023, pending before the District and Session Judge, Hapur, should be quashed.

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Court's answer

The applicant is permitted to appear before the concerned court within 15 days and move an application claiming discharge.

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Ratio / Principle

The concerned court shall, after hearing counsel, decide the discharge application on merits, in accordance with law, expeditiously.

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Key takeaways

No coercive action shall be taken against the applicant for a period of 30 days.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.) disposed of an application under Section 528 BNSS (Application U/S 528 BNSS No. 31385 of 2025) by Shivam Alias Shubham seeking quashing of the charge sheet dated 29.06.2024 and the entire proceedings of Session Case No.1258 of 2025 (State Versus Shivam @ Shubham), pending before the District and Session Judge, Hapur, arising out of Case Crime No.779 of 2023 under Sections 498A, 323, 506, 313, 325 IPC and 3/4 D.P. Act, Police Station Hapur Nagar, District Hapur. After arguments, counsel for the applicant prayed that he be permitted to move an appropriate application before the court concerned as provided under Section 250(2) of the BNSS; the prayer was not opposed by the learned A.G.A. The Court permitted the applicant to appear before the concerned court within 15 days and move an application claiming discharge, directed the concerned court to decide the application on merits in accordance with law expeditiously, and directed that no coercive action be taken against the applicant for a period of 30 days. The merits of the charge sheet were not decided.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 31385 of 2025

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Shivam Alias Shubham

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Amit Goswami, Ram Prakash
Counsel for Opposite Party(s)	: G.A.

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Court No. - 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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Heard learned counsel for the applicant and learned AGA for the State.

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This application has been filed by the applicant for quashing the charge sheet dated 29.06.2024 as well as entire proceedings of Session Case No.1258 of 2025 (State Versus Shivam @ Shubham) pending in the court of District and Session Judge, Hapur arising out of Case Crime No.779 of 2023 under Sections 498A, 323, 506, 313, 325 IPC and 3/4 D.P. Act, Police Station Hapur Nagar, District Hapur.

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After some arguments, learned counsel for the applicant prays that the applicant may be permitted to move appropriate application before the Court concerned as provided under Section 250(2) of the BNSS.

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This prayer has not been opposed by the learned A.G.A.

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Considering the facts and circumstances of the case, the applicant is permitted to appear before the concerned court within 15 days from today and move an application claiming discharge. The concerned court shall after hearing the counsel decide the application on merits, in accordance with law expeditiously.

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NA528 No. 31385 of 2025

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