Arun Kumar vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Arun Kumar vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of without pressing the quashing prayer; applicant permitted to move a discharge application before the trial court within three weeks, to be decided expeditiously in accordance with law; no coercive action against the applicant for three weeks and, if the discharge application is filed within that period, till its disposal, subject to the applicant's cooperation in early disposal.

Issue for consideration

Whether the entire proceedings of Criminal Case No.1555 of 2024 (State Vs. Arun Kumar), including Charge sheet No.197 of 2022 dated 15.05.2022 and the cognizance/summoning order dated 06.01.2024, arising out of Case Crime No.28 of 2022 under Sections 452, 323, 354Kha, 504 & 506 I.P.C., Police Station Kankarkheda, District Meerut, pending before the Chief Judicial Magistrate, Meerut, should be quashed.

Court's answer

If the applicant moves an application for discharge before the trial court within three weeks, the said application shall be considered and decided expeditiously in accordance with law by the court concerned.

Ratio / Principle

Interim protection: for a period of 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 applicant, provided the applicant cooperates in early disposal of the discharge application.

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) disposed of an application under Section 528 BNSS filed by Arun Kumar seeking quashing of the entire proceedings of Criminal Case No.1555 of 2024 (State Vs. Arun Kumar) — arising out of Case Crime No.28 of 2022 under Sections 452, 323, 354Kha, 504 & 506 I.P.C., Police Station Kankarkheda, District Meerut — including Charge sheet No.197 of 2022 dated 15.05.2022 and the cognizance/summoning order dated 06.01.2024, pending before the Chief Judicial Magistrate, Meerut. After arguing at some length, counsel for the applicant stated that the quashing prayer was not being pressed and sought liberty to move a discharge application with interim protection. 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 applicant for three weeks and, if the discharge application is filed within that period, till its disposal, provided the applicant cooperates in its early disposal.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33929 of 2025

Arun Kumar

.....Applicant(s)

Versus

State Of U.P. And 2 Others

.....Opposite Party(s) Counsel for Applicant(s) : Alok Tripathi Counsel for Opposite Party(s) : G.A. Court No. - 71

HON'BLE RAJ BEER SINGH, J.

Heard learned counsel for applicant and learned A.G.A. for 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 No.197 of 2022 dated 15.05.2022 as well as cognizance / summoning order dated 06.01.2024, of Criminal Case No.1555 of 2024 (State Vs. Arun Kumar), arising out of Case crime No.28 of 2022, under Sections 452, 323, 354Kha, 504 & 506 I.P.C., Police Station Kankarkheda, District Meerut, pending in the court of Chief Judicial Magistrate, Meerut.

After arguing at some length, learned counsel for applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an application for discharge before the Court concerned and till then protection may be granted to applicant.

In view of aforesaid, it is directed that in case applicant moves 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 application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against applicant, provided applicant cooperates in early disposal of discharge application.

The application u/s 528 BNSS is disposed of with aforesaid observations.

October 6, 2025 CS/-

(Raj Beer Singh,J.)

Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad