Abdul Mabood Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abdul Mabood Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: discharge application filed within three weeks to be decided expeditiously; interim protection whereby no coercive action shall be taken against the applicant for three weeks and, if the discharge application is timely filed, until its disposal, subject to the applicant's cooperation in early disposal. The prayer for quashing the chargesheet and cognizance / summoning order was not pressed and the merits were not adjudicated.

Issue for consideration

Whether the chargesheet dated 03.12.2022 and the cognizance / summoning order dated 28.11.2023 passed in Case No. 804 of 2023 (arising out of Case Crime No.0178 of 2022) should be quashed.

Ratio / Principle

Directed that if the applicant moves 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.

Key takeaways

For a period of three weeks from the order, and in case a discharge application is filed within that period then until its disposal, no coercive action shall be taken against the applicant, provided the applicant cooperates in early disposal of the discharge application.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Anish Kumar Gupta, J.), September 12, 2025 — Application U/S 528 BNSS No. 35078 of 2025, Abdul Mabood v. State of U.P. and Another. Applicant had sought quashing of the chargesheet dated 03.12.2022 and the cognizance / summoning order dated 28.11.2023 passed by A.C.J.M., Court No.2, Allahabad in Case No. 804 of 2023 (State Vs. Mohd. Abid and others), arising out of Case Crime No.0178 of 2022 under Sections 147, 149, 323, 504, 506, 352 IPC, P.S. Shivkuti, District Prayagraj. After arguing at some length, counsel submitted that the prayer was not being pressed and sought leave to file a discharge application with interim protection. The court directed that a discharge application moved within three weeks be considered and decided expeditiously in accordance with law, and that no coercive action be taken against the applicant meanwhile (till disposal of a timely discharge application), provided the applicant cooperates in early disposal. Application disposed of; the merits of quashing were not examined as the prayer was not pressed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35078 of 2025

Abdul Mabood

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Manish Kumar Tripathi
Counsel for Opposite Party(s) :	G.A.

(Sl. No. 254)

Court No. - 51

HON'BLE ANISH KUMAR GUPTA, J.

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

This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of chargesheet dated 03.12.2022 as well as cognizance / summoning order dated 28.11.2023, passed by A.C.J.M., Court No.2, Allahabad in Case No. 804 of 2023 (State Vs. Mohd. Abid and others), arising out of Case Crime No.0178 of 2022, under Sections 147, 149, 323, 504, 506, 352 IPC, P.S.Shivkuti, District- Prayagraj, pending in the court of A.C.J.M., Court No.2, Allahabad.

After arguing at some length, learned counsel for the 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 the applicant.

In view of aforesaid, it is directed that in case applicant 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

NA528 No. 35078 of 2025

2

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

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

(Anish Kumar Gupta,J.)

September 12, 2025 Kirti

Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad