Dismissed¶17

Braham Dev Sharma v. State of U.P. through Principal Secretary Home Gov. of U.P. at Lucknow and Another and Another

Allahabad HC6 Oct 2025NA528/36657/2025

Case brief

AI extract

What is this about?

Allahabad High Court; APPLICATION U/S 528 BNSS No. - 36657 of 2025; Braham Dev Sharma v. State of U.P.; Vikram D. Chauhan, J.; decided October 7, 2025; quashing sought of Complaint Case No.28755 of 2022 and summoning order dated 16.06.2023 under Section 138 Negotiable Instruments Act; Police Station Gandhipark, District Aligarh; dismissed as withdrawn with liberty to apply for bail before court below; 15 days no coercive action; bail application to be decided expeditiously.

What did the court decide?

Application dismissed as withdrawn with liberty to file a bail application before the court below; no coercive action against the applicant for 15 days; direction that any bail application be decided expeditiously without unnecessary adjournments. ¶17

Braham Dev Sharma Vs State of U.P. through Principal… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the criminal proceedings in Complaint Case No.28755 of 2022 and the summoning order dated 16.06.2023 under Section 138 Negotiable Instruments Act ought to be quashed (raised by the applicant, not adjudicated as the application was withdrawn).

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Ratio / Principle

The application under Section 528 BNSS is dismissed as withdrawn, with liberty to the applicant to approach the court concerned for bail.

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Key takeaways

To enable the applicant to approach the court concerned for bail, no coercive action shall be taken against him for a period of 15 days.ratio¶16
If the bail application is preferred before the court concerned, that court shall decide it expeditiously without granting unnecessary adjournment to any party.ratio¶16

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Vikram D. Chauhan, J.), October 7, 2025 — Braham Dev Sharma v. State of U.P. and others — APPLICATION U/S 528 BNSS No. - 36657 of 2025. The applicant had sought quashing of the entire criminal proceedings in Complaint Case No.28755 of 2022 and the summoning order dated 16.06.2023 passed under Section 138 Negotiable Instruments Act (Police Station Gandhipark, District Aligarh), pending in the court of the learned Additional Court, Aligarh. After some argument, counsel sought permission to withdraw the application under Section 528 BNSS with liberty to file a bail application before the court below; the learned AGA had no objection. The Court dismissed the application as withdrawn with that liberty, held that for 15 days no coercive action shall be taken against the applicant, and directed that if a bail application is preferred, the court concerned shall decide it expeditiously without granting unnecessary adjournment to any party.

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36657 of 2025

Braham Dev Sharma

.....Applicant(s)

Versus

State Of U.P. Through Principal Secretary Home Gov. Of U.P. At Lucknow And Another And Another

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Another And Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Dwijendra Prasad
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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The present application has been filed by applicant for quashing the entire criminal proceedings in Complaint Case No.28755 of 2022 as well as summoning order dated 16.06.2023 under Section 138 Negotiable Instruments Act, Police Station Gandhipark, District Aligarh pending in the court of learned Additional Court, Aligarh.

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After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail,

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NA528 No. 36657 of 2025

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for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.

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The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction.

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October 7, 2025

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D. Tamang

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(Vikram D. Chauhan,J.)

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Braham Dev Sharma v. State of U.P. through Principal Secretary Home Gov. of U.P. at Lucknow and Another and Another

Case brief

What is this about?

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Braham Dev Sharma v. State of U.P. through Principal Secretary Home Gov. of U.P. at Lucknow and Another and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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