Disposed¶18

Rajkaran Chaurasiya and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC9 Feb 2026NA528/412/2026

Case brief

AI extract

What is this about?

Quashing application under S. 528 BNSS not pressed on merits; liberty to file Cr.P.C. discharge application; interim stay of trial in SC/ST Act case (Case Crime No. 357/2025, P.S. Salon, District Raebareli); BNS offences 115(2)/352/351(3)/131 with corresponding IPC 323/504/506/352; charge sheet No. 304/2025 dated 31-8-2025; summoning order dated 23-12-2025; Special Judge SC/ST Act, Rae Bareli; Allahabad High Court Lucknow Bench; Brij Raj Singh, J.; decided February 9, 2026.

What did the court decide?

Liberty to the applicants to file a discharge application under Cr.P.C. within two weeks; trial court to dispose of the discharge application within four weeks thereafter; further proceedings in S.T. No. 1987/25 stayed till expiry of six weeks or till disposal of the discharge application. ¶18

Rajkaran Chaurasiya and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceedings in S.T. No. 1987/25 (arising out of Case Crime No. 357/2025), the charge sheet No. 304/2025 dated 31-8-2025 and the summoning order dated 23-12-2025 passed by the Special Judge (SC/ST Act), Rae Bareli, should be quashed.

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Ratio / Principle

The applicants are granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C. within a period of two weeks, the application not having been pressed on merits.

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Key takeaways

After the discharge application is filed, the learned trial court is directed to dispose of the same within a period of four weeks thereafter.ratio¶17
Further proceedings in the aforesaid case shall remain stayed till expiry of six weeks or till disposal of the discharge application.ratio¶17
With the aforesaid observations/directions, the application stands disposed of (not decided on merits).ratio

Detailed headnote1 paragraphs

Application under Section 528 BNSS (Allahabad High Court, Lucknow Bench, Brij Raj Singh, J.) seeking quashing of the entire criminal proceedings in S.T. No. 1987/25 (State v. Rajkaran Chaurasiya & another), arising out of Case Crime No. 357/2025 under Sections 115(2)/352/351(3)/131 BNS (corresponding Sections 323/504/506/352 IPC) and Section 3(1) Da, Dha SC/ST Act, P.S. Salon, District Raebareli, together with charge sheet No. 304/2025 dated 31-8-2025 and the summoning order dated 23-12-2025 of the Special Judge (SC/ST Act), Rae Bareli. Counsel for the applicants did not press the application on merits and sought liberty to file a discharge application under Cr.P.C., to which the State had no objection. Liberty granted to file the discharge application within two weeks; trial court directed to dispose of it within four weeks thereafter; further proceedings stayed till expiry of six weeks or till disposal of the discharge application. Application disposed of accordingly (February 9, 2026).

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 528 BNSS No. - 412 of 2026

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Rajkaran Chaurasiya And Another

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.....Applicant(s)

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Versus

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

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Counsel for Applicant(s) : Sushil Pandey Counsel for Opposite Party(s) : G.A.

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the applicants as well as learned Additional Government Advocate and perused the record.

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2. This application has been filed with the following main relief:

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly to quash the entire criminal proceedings of S.T.No.1987/25 State Versus Rajkaran Chaurasiya & another arising out of Case Crime No. 357/2025, Under Section 115(2)/352/351(3)/131 BNS (Corresponding Section 323/504/506/352 IPC) and Section 3(1) Da, Dha Sc/St Act, relating to police station Salon, District- Raebareli pending in the Court of Learned Special judge Sc/St Act, Rae bareli as well as impugned charge sheet No. 304/2025 dated 31-8-2025 submitted by the Investigating Officer against the petitioners in aforesaid case crime number and summoned vide impugned order dated 23-12-2025 passed by the Learned Special judge Sc/St Act, Rae bareli, as contained in Annexure No. 1 & 2 to this petition, in the interest of law and Justice."

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Learned counsel for the applicants submits that he does not want to press this application on merits. However, he submits that the applicants would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not have any objection.

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Accordingly, the applicants are granted liberty to file an application for

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NA528 No. 412 of 2026

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discharge in conformity with the provisions of Cr.P.C., within a period of two weeks from today. After the said application is filed, learned trial court is directed to dispose of the same within a period of four weeks thereafter. Till expiry of six weeks or till disposal of the discharge application, further proceedings in the aforesaid case shall remain stayed.

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With the aforesaid observations/directions, this application stands disposed of .

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(Brij Raj Singh,J.)

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February 9, 2026

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Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Rajkaran Chaurasiya and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Rajkaran Chaurasiya and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. 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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