Harjot Singh Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Harjot Singh Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to move a discharge application within four weeks; if such an application is filed, it shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

Issue for consideration

Whether the charge-sheet dated 01.11.2024, the cognizance and summoning order dated 19.11.2024, and the entire proceedings of Criminal Case No. 9157 of 2024 (arising out of Case Crime No. 118 of 2024, Sections 76, 78, 351(2), 352 BNS) are liable to be quashed. +1 more

Court's answer

The application under Section 528 BNSS stands disposed of with the above directions, the quashing prayer not having been pressed on merits.

Ratio / Principle

The applicant is permitted to move his discharge application within four weeks from the date of the order.

Key takeaways

If such a discharge application is filed, it shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.), February 18, 2026 — Application under Section 528 BNSS (No. 3745 of 2026) by Harjot Singh sought quashing of the charge-sheet dated 01.11.2024, the cognizance and summoning order dated 19.11.2024 and the entire proceedings of Criminal Case No. 9157 of 2024 (State Vs. Anil @ Vikki and others), arising out of Case Crime No. 118 of 2024, under Sections 76, 78, 351(2), 352 BNS, Police Station Rehar, District Bijnor. Counsel for the applicant did not press the application on merits and confined the prayer to liberty to move a discharge application with a direction for expeditious disposal; learned A.G.A. had no objection. Held: applicant permitted to move his discharge application within four weeks; if filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. Application disposed of with the above directions.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3745 of 2026

Harjot Singh

Versus	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pavan Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 84

HON'BLE SANJIV KUMAR, J.

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

This application under Section 528 BNSS has been filed by the applicant to quash impugned charge-sheet dated 01.11.2024, cognizance and summoning order dated 19.11.2024 as well as entire proceeding of Criminal Case No. 9157 of 2024 (State Vs. Anil @ Vikki and others), arising out of Case Crime No. 118 of 2024, under Sections 76, 78, 351(2), 352 BNS, Police Station Rehar, District Bijnor.

After arguing the matter up to some length, learned counsel for the applicant submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application and suitable directions may be issued for expeditious disposal of the same.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that the applicant is permitted to move his discharge application within four weeks' from today and in case any such application is filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

NA528 No. 3745 of 2026

2

With above directions this application stands disposed of.

February 18, 2026

Subham

(Sanjiv Kumar,J.)

Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad