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

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

What the court decided

AI extract

Outcome

Application disposed of with directions: liberty to the applicant to move a discharge application before the court below within two weeks, to be decided expeditiously preferably within six weeks of filing; no coercive action against the applicant till disposal of the discharge application.

Issue for consideration

Whether the charge-sheet No.220 of 2024, cognizance order dated 21.08.2024 and the entire criminal proceedings against the applicant, who was not named in the FIR and against whom no assault role was attributed, ought to be quashed.

Court's answer

The prayer for quashing the entire proceedings, charge-sheet and cognizance/summoning order of the aforesaid case against the applicant is refused.

Ratio / Principle

If the applicant moves a discharge application before the court below within two weeks, the court below shall decide it in accordance with law, expeditiously, preferably within six weeks from the date of filing.

Key takeaways

Till disposal of the discharge application, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) — Application under Section 528 BNSS (No. 40824 of 2024) by Shivam Sen seeking quashing of charge-sheet No. 220 of 2024 dated 07.08.2024, cognizance order dated 21.08.2024 and entire proceedings in Case Crime No. 183 of 2024 (Sections 191(2), 191(3), 190, 115(2), 118(1), 126(2), 3521, 351(3), 109 B.N.S.S.,2023, P.S. Mahrauni, District Lalitpur), pending before the Additional Chief Judicial Magistrate, Mahrauni, Lalitpur. Applicant was not named in the FIR; his name surfaced only in the co-accused's statements, without attribution of any role of causing assault. Held: prayer for quashing refused; applicant at liberty to move a discharge application before the court below within two weeks, to be decided in accordance with law expeditiously, preferably within six weeks; no coercive action against the applicant till disposal of the discharge application. Application disposed of. Neutral Citation 2025:AHC:136807; Order Date 12.8.2025.

Neutral Citation No. - 2025:AHC:136807

Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 40824 of 2024 Applicant :- Shivam Sen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh,Premnendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The present 528 BNSS application has been filed to quash the charge-sheet No.220 of 2024, dated 07.08.2024, cognizance order dated 21.08.2024 as well as entire proceedings of criminal case arising out of Case Crime No.183 of 2024, under sections 191(2), 191(3), 190, 115(2), 118(1), 126(2), 3521, 351(3), 109 B.N.S.S.,2023, Police Station Mahrauni, District Lalitpur, pending in the court of Additional Chief Judicial Magistrate, Mahrauni, Lalitpur.

Learned counsel for the applicant submits that the applicant is not named in the FIR. Statement of the informant recorded by the Investigating Officer under section 161 Cr.P.C. has not disclosed the name of the applicant. Applicant's name surfaced in the statement of co-accused to such extent that they present on the spot on his call. Moreover, the applicant has not been attributed role of causing assault in the statement of the co-accused. There is no evidence against the applicant to prosecute him.

Per contra, learned AGA opposed the submission of applicant's counsel and submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage.

The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused .

However, if applicants move discharge application before the concerned court below within two weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application.

Till disposal of discharge application, no coercive action shall be taken against the applicant in the aforesaid case.

With the above directions, this 528 BNSS application is disposed of.

Order Date :- 12.8.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad