Anoop Kumar Singh Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Anoop Kumar Singh 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 through counsel 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 applicant for three weeks and, if the discharge application is so moved, until its disposal, provided the applicant co-operates in early disposal thereof.

Issue for consideration

Whether the entire proceedings of criminal case no. 588 of 2025 (arising out of case crime no. 29 of 2025, under Sections 132, 352, 351(2) BNS, P.S. Kotwali, District Jaunpur, pending before C.J.M., Jaunpur), including the chargesheet dated 18.03.2025 and the cognizance/summoning order dated 17.04.2025, were liable to be quashed under Section 528 BNSS.

Court's answer

It was directed that if the applicant moves an application for discharge through counsel before the trial court concerned within a period of three weeks, the same shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Interim protection was granted: for three weeks from the date of the order, and in case a discharge application is moved within that period, until its disposal, no coercive action shall be taken against the applicant, provided the applicant co-operates in early disposal of the discharge application.

Key takeaways

As the quashing prayer was not pressed, the application under Section 528 BNSS was disposed of in the above terms, the merits of the quashing request itself not being adjudicated by this Court.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Raj Beer Singh, J.), APPLICATION U/S 528 BNSS No. 34421 of 2025, Anoop Kumar Singh v. State of U.P. and Another, decided September 24, 2025. The applicant had sought quashing of the entire proceedings, including the chargesheet dated 18.03.2025 and the cognizance/summoning order dated 17.04.2025, of criminal case no. 588 of 2025 (case crime no. 29 of 2025) under Sections 132, 352, 351(2) BNS, P.S. Kotwali, District Jaunpur, pending before the C.J.M., Jaunpur. After argument, counsel for the applicant stated that the prayer was not being pressed and sought permission to pursue a discharge application before the trial court. The Court directed that if a discharge application is moved through counsel within three weeks, it shall be considered and decided expeditiously in accordance with law, and granted interim protection: for three weeks, and until disposal of any timely discharge application, no coercive action would be taken against the applicant, provided he co-operates in early disposal of that application. The application under Section 528 BNSS was accordingly disposed of; the quashing request was not adjudicated on its merits. No precedent was engaged with.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34421 of 2025

Anoop Kumar Singh	.....Applicant(s)
Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Gopal Krishna Mishra
Counsel for Opposite Party(s) :	G.A.

Court No. - 71

HON'BLE RAJ BEER SINGH, J.

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

The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including chargesheet dated 18.03.2025 and cognizance / summoning order dated 17.04.2025, of criminal case no. 588 of 2025, arising out of case crime no. 29 of 2025, under Sections 132, 352, 351(2) BNS, P.S. Kotwali, District Jaunpur, pending in the court of C.J.M., Jaunpur.

After arguing at some length, learned counsel for the applicant submits that the prayer as made above is not being pressed and applicant may be permitted to move an application for discharge through counsel before the trial court concerned in accordance with law and protection may be granted to the applicant till then.

In view of aforesaid, it is directed that in case applicant moves an application for discharge through counsel before the trial court concerned within a period of three weeks from

NA528 No. 34421 of 2025

2

today, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicant, provided applicant co-operates in early disposal of the discharge application.

The application under Section 528 BNSS is disposed of in above terms.

September 24, 2025 Anand

(Raj Beer Singh,J.)

Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad