Disposed¶19

Ajay Kushwaha v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC22 Apr 2026NA528/1501/2026

Case brief

AI extract

What is this about?

S. 528 BNSS quashing application; Case Crime No. 0465 of 2024; Sections 420, 465, 468 IPC; Police Station Madiyav, District Lucknow; cognizance/summoning order dated 02.04.2025; chargesheet dated 24.08.2024; Section 161 Cr.P.C. statements; Section 482 Cr.P.C. jurisdiction; discharge application within two weeks; decision within 60 days; application disposed of; Ajay Kushwaha v. State of U.P.; Allahabad High Court Lucknow Bench; Shree Prakash Singh, J.; April 22, 2026.

What did the court decide?

Permission to file a discharge application before the trial court within two weeks; the trial court directed to decide such application within a further period of 60 days strictly in accordance with law. ¶19

Ajay Kushwaha vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 528 BNSS No. - 1501 of 2026

Ajay Kushwaha

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. And Another	Deptt. Of Home Lko.	.....Opposite Party(s)
Counsel for Applicant(s)	: Bhanupriya Singh, Harshita Gautam	Ajay Kushwaha,
Counsel for Opposite Party(s)	: G.A.

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Court No. - 16

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HON'BLE SHREE PRAKASH SINGH, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant application has been filed with prayer to quash the cognizance/summoning order dated 02.04.2025 and to quash the chargesheet dated 24.08.2024 submitted in Case Crime No. 0465 of 2024, under Sections 420, 465 and 468 IPC, Police Station Madiyav, District Lucknow and also to quash the entire proceedings arising out of Case Crime No. 0465 of 2024.

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Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment.

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On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed.

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After the argument at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the trial

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NA528 No. 1501 of 2026

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court to permit the applicant to appear before the trial court and file an application of discharge. He further submits that the trial court may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court.

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Learned AGA for the State has no objection to the aforesaid submission.

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In view of aforesaid, the applicant is permitted to file an application for discharge before the trial court within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 60 days, strictly in accordance with law.

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With the aforesaid observation, the application is disposed of . April 22, 2026

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Mayank

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(Shree Prakash Singh,J.)

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kushwaha v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Ajay Kushwaha v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

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Why is it important?

What the court decided

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