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

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

What the court decided

AI extract

Outcome

Permission to the applicant to file a discharge application before the court below (Chief Judicial Magistrate, Pratapgarh) within two weeks, with a direction that such application be decided within a further period of 30 days strictly in accordance with law; the application under Section 528 BNSS otherwise disposed of without quashing the charge sheet or summoning order.

Issue for consideration

Whether the impugned charge sheet dated 04.09.2025 and the consequent cognizance and summoning order dated 29.10.2025 arising out of Case Crime No. 0263 of 2025 ought to be set aside. +1 more

Court's answer

The applicant is permitted to file an application for discharge before the court below within a period of two weeks from today.

Ratio / Principle

If such a discharge application is filed, the court below shall decide it within a further period of 30 days, strictly in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Shree Prakash Singh, J. — Application under S. 528 BNSS (No. 1997 of 2026) by Rupesh Kumar seeking setting aside of the charge sheet dated 04.09.2025 and the consequent cognizance and summoning order dated 29.10.2025 in Case Crime No. 0263 of 2025 (Us 319(2)/318(4)/338/336(3)/340(2)/61(2), B.N.S. 2023), P.S. Kotwali City, District Pratapgarh, pending before the Chief Judicial Magistrate, Pratapgarh. Counsel for the applicant contended the applicant was on bail, that no evidence existed beyond a Section 161 Cr.P.C. statement, and that the proceedings were harassment; the State contended there was no abuse of process and that the factual matrix could not be examined at this stage under Section 482 Cr.P.C. jurisdiction. On the joint course proposed by counsel, to which the AGA had no objection, and without expressing any view on merits, the Court permitted the applicant to file a discharge application within two weeks, to be decided within a further 30 days strictly in accordance with law; the application was disposed of (May 18, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1997 of 2026

Rupesh Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s)	: Vinay Misra
Counsel for Opposite Party(s)	: G.A.

Court No. - 16

HON'BLE SHREE PRAKASH SINGH, J.

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

The instant application has been filed with prayer to set-aside the impugned charge sheet dated 04.09.2025, Case Crime No.0263 of 2025 Us 319(2)/318(4)/338/336(3)/340(2)/61(2)/,I.P.C. B.N.S. 2023, Police Station- Kotwali City, District- Pratapgarh and the consequent cognizance and summoning order dated 29.10.2025 arising out of Case Crime No. 0263 of 2025 U/s 319(2)/318(4)/338/ 336(3)/ 340 (2)/61(2)/,I.P.C. B.N.S. 2023, Police Station-Kotwali City, District- Pratapgarh, pending in the court of Chief Judicial Magistrate, Pratapgarh.

Learned counsel appearing for the applicant submits that the applicant has been enlarged on bail and 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.

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

NA528 No. 1997 of 2026

2

Section 482 Cr.P.C. and thus the application is liable to be dismissed.

After the argument at length, learned counsel for the applicant submits 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.

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

In view of aforesaid, the applicant 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.

With the aforesaid observation, the application is disposed of .

(Shree Prakash Singh,J.)

May 18, 2026

V. Sinha

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