Disposed¶19

Rajesh Kumar Mishra and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC15 May 2026NA528/1916/2026

Case brief

AI extract

What is this about?

S.528 BNSS; quashing application; charge sheet dated 02.02.2026; Case Crime No. 239/2025; P.S. Mundipur, District Pratapgarh; BNS Sections 319(2), 318(4), 340(2), 338, 336(3), 3(5), 61(2), 234, 235; old IPC Sections 419, 420, 471, 468, 465, 34, 120-B, 197, 198; Section 161 Cr.P.C. statements; Section 482 Cr.P.C.; liberty to file discharge application; two weeks; decision within 30 days; Shree Prakash Singh, J.; Allahabad High Court Lucknow Bench; disposed of; decided May 15, 2026; Rajesh Kumar Mishra v. State of U.P.

What did the court decide?

Applicants permitted to file a discharge application before the court below within two weeks; if filed, the court below to decide it within a further period of 30 days strictly in accordance with law. ¶19

Rajesh Kumar Mishra and 2 Others vs State of U.P… — 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. - 1916 of 2026

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Rajesh Kumar Mishra And 2 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) Counsel for Applicant(s) : Anil Singh, Aayush Dwivedi 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 applicants, learned A.G.A. for the State and perused the record.

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The instant application has been filed with prayer to set-aside the entire proceeding including the charge sheet dated 02.02.2026 arising out of case crime no.239/2025, under section 319(2), 318(4), 340(2), 338, 336(3), 3(5), 61(2), 234, 235 B.N.S. (Old Sections 419, 420, 471, 468, 465, 34, 120-B, 197, 198 IPC respectively), Police Station - Mundipur, District - Pratapgarh.

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Learned counsel appearing for the applicants submits that there is no evidence at all against the applicants 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 applicants 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 applicants submits

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NA528 No. 1916 of 2026

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that interest of justice would be sub-served, if this Court directs the court below to permit the applicants to appear before the court below and file an application of discharge. He further submits that the court below 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 applicants is permitted to file an application for discharge before the court below 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 30 days, strictly in accordance with law.

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With the aforesaid observation, the application is disposed of .

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(Shree Prakash Singh,J.)

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May 15, 2026

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V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Kumar Mishra and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Mishra and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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