Dismissed¶15

Jai Prakash Dubey v. State of U.P. and Another

Allahabad HC29 Oct 2025NA528/42215/2025

Case brief

AI extract

What is this about?

Keywords: Section 528 BNSS application dismissed as withdrawn; quashing of complaint under Section 138 NI Act; Complaint Case No.6091 of 2019 (G.D. Industries Vs. Jai Prakash Dubey); order dated 20.02.2021 Metropolitan Magistrate Court No.2 Kanpur Nagar; Police Station Kakadev; liberty to file bail application before court below; 15-day protection from coercive action; expeditious decision of bail application without unnecessary adjournment; Vinod Kr Pandey for applicant; G.A./AGA for State; Allahabad High Court Court No.76; decided November 18, 2025.

What did the court decide?

Application dismissed as withdrawn with liberty to approach the court concerned for bail; no coercive action against the applicant for 15 days; any bail application to be decided expeditiously without unnecessary adjournments. ¶15

Jai Prakash Dubey vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant may be permitted to withdraw his application under Section 528 BNSS seeking quashing of the complaint and consequential proceedings, with liberty to file a bail application before the court below.

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Court's answer

The present application under Section 528 BNSS is dismissed as withdrawn with liberty to the applicant to approach the court concerned for bail.

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Ratio / Principle

To enable the applicant to approach the court concerned for bail, no coercive action shall be taken against the applicant for a period of 15 days.

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Key takeaways

If the applicant prefers a bail application before the court concerned, that court shall decide it expeditiously without granting unnecessary adjournment to any party.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.), Court No.76, dismissed as withdrawn an application under Section 528 BNSS by Jai Prakash Dubey seeking quashing of a complaint dated 09.08.2019 filed by opposite party No.2 and the entire consequential proceedings, including the order dated 20.02.2021 of the learned Metropolitan Magistrate, Court No.2, Kanpur Nagar, in Complaint Case No.6091 of 2019 (G.D. Industries Vs. Jai Prakash Dubey) under Section 138 of the Negotiable Instruments Act. Mid-hearing, counsel for the applicant sought withdrawal with liberty to file a bail application before the court below; the learned AGA raised no objection. The Court dismissed the application as withdrawn with that liberty, directed that no coercive action be taken against the applicant for 15 days to enable him to approach the court concerned for bail, and further directed that any such bail application be decided expeditiously without granting unnecessary adjournment to any party. Judgment dated November 18, 2025.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 42215 of 2025

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Jai Prakash Dubey

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Vinod Kr Pandey
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 complaint dated 09.08.2019 filed by opposite party No.2 as well as entire consequential proceeding consequent upon aforesaid complaint including the order dated 20.02.2021 passed by learned Metropolitan Magistrate, Court No.2, Kanpur Nagar in Complaint Case No.6091 of 2019 (G.D. Industries Vs. Jai Prakash Dubey) under Section 138 of Negotiable Instruments Act, Police Station Kakadev, District-Kanpur Nagar, Police Station Kakadev, District- Kanpur Nagar.

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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, 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

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NA528 No. 42215 of 2025

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party.

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