Parmatma and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Parmatma and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: quashing/stay prayer dismissed as not pressed; limited direction issued that if the accused-applicants surrender before the trial court by 20.05.2026 or earlier and apply for bail, the bail application shall be considered and decided expeditiously in accordance with law.

Issue for consideration

Whether the charge sheet dated 12.10.2025, the cognizance/summoning order dated 27.10.2025 and the entire proceedings in Special Session Trial No. 2258 of 2025 (arising out of Case Crime No. 0202/2025) ought to be quashed and stayed. +1 more

Court's answer

The prayer for quashing and staying the further proceedings of Special Session Trial No. 2258 of 2025 is dismissed as not pressed, the applicants' counsel having expressly not pressed it and State counsel having no objection.

Ratio / Principle

If the accused-applicants surrender before the trial court concerned by 20.05.2026 or earlier and apply for bail, the bail application shall be considered and decided expeditiously in accordance with law.

Key takeaways

No further order is required with regard to the explanation of the CJM, Maharajganj called for vide order dated 27.04.2026.obiter¶9

Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.), Application U/S 528 BNSS No. 1974 of 2026, decided May 6, 2026 - Parmatma, Gunjeshwar and Krishna v. State of U.P. and another. Applicants sought quashing of the charge sheet dated 12.10.2025, the cognizance/summoning order dated 27.10.2025 and the entire proceedings in Special Session Trial No. 2258 of 2025 (State Vs. Parmatma and others), arising out of Case Crime No. 0202/2025 under sections 115(2), 352, 351(2), 131 BNS and sections 3(1)(dha), 3(2)(va) SC/ST Act, Police Station Kolhui, District Maharajganj, pending before the Special Judge, SC/ST Act, Maharajganj, with a further prayer to stay the proceedings. Counsel for the applicants did not press the quashing/stay prayer, confining the request to a direction that the trial court decide the applicants' bail application expeditiously; learned counsel for the State had no objection. Held: (i) the prayer for quashing and staying further proceedings was dismissed as not pressed; (ii) if the accused-applicants surrender before the trial court concerned by 20.05.2026 or earlier and apply for bail, the bail application shall be considered and decided expeditiously in accordance with law; (iii) no further order was required on the explanation of the CJM, Maharajganj called for vide order dated 27.04.2026. Notice on opposite party no.2 (issued 20.02.2026) had been served personally per office report dated 05.05.2026, yet no one appeared for that opposite party. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 1974 of 2026

Parmatma And 2 Others		.....Applicant(s)
	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: :	Sandeep Kumar Chaturvedi G.A.

Court No. - 75

HON'BLE SAMIT GOPAL, J.

1. List revised.

Heard Sri Sandeep Kumar Chaturvedi, learned counsel for the applicant(s) and Sri V.D. Ojha, learned counsel for the State and perused the record.

Notice issued to the opposite party no.2 vide order dated 20.02.2026 has been served personally as per office report dated 05.05.2026. Despite service of notice, no one appears on behalf of the opposite party no.2 even when the matter has been taken up in the revised list.

This application under Section 528 BNSS has been filed by the applicant(s) Parmatma, Gunjeshwar and Krishna , with the prayers to quash the charge sheet dated 12.10.2025 along with cognizance/summoning order dated 27.10.2025 as well as entire proceeding in Special Session Trial No. 2258 of 2025 (State Vs. Parmatma and others) arising out of Case Crime No. 0202/2025, under sections 115(2), 352, 351(2), 131 BNS and section 3(1)(dha), 3(2)(va) SC/ST Act, Police Station Kolhui, District Maharajganj, pending in the court of Special Judge, SC/ST Act, Maharajganj and with a further prayer to stay the further proceeding of the aforesaid case, during the pendency of the present application.

Perused the explanation of the CJM, Maharajganj which was called for vide order dated 27.04.2026. No further order needs to be passed with regards to the same.

At the very outset, learned counsel for the applicant(s) states that the purpose of the applicant(s) would suffice if an order is passed directing the trial court to decide the bail application of the applicant(s), as expeditiously as possible. He further states that although the prayer has been made for quashing and staying the proceedings of the aforesaid case

NA528 No. 1974 of 2026

2

but he does not press the same.

Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant(s).

In view of the above, the prayer for quashing and staying the further proceedings of the aforesaid case is dismissed as not pressed.

However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant(s), it is directed that if the accused-applicant(s) surrenders before the trial court concerned by 20.05.2026 or earlier and apply for bail, the same shall be considered and decided expeditiously in accordance with law.

The present application is disposed of.

(Samit Gopal,J.)

May 6, 2026 M. ARIF

Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad