Dilip Singhh and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

Dilip Singhh and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to file a discharge application under the provisions of Cr.P.C. within two weeks; trial court directed to dispose of it within four weeks thereafter; liberty to appear through counsel; further proceedings in Case Crime No.176 of 2025 stayed qua the applicants till expiry of six weeks or disposal of the discharge application. No relief on the quashing prayer itself; no ruling on merits.

Issue for consideration

Whether the entire proceedings of Case Crime No.176 of 2025 (under Sections 115(2), 352, 351(3), 333, Bharatiya Nyaya Sanhita, 2023, Police Station Dhanepur, District Gonda) and the summoning order dated 02.01.2026 passed by the Additional Civil Judge (JD), Room No.5, Gonda should be quashed.

Court's answer

The application was not pressed on merits; counsel for the applicants submitted he did not want to press it, and sought instead to pursue a discharge application before the trial court, to which the State raised no objection. The Court therefore decided nothing on the merits of the quashing prayer.

Ratio / Principle

The applicants were granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C. within two weeks.

Key takeaways

The learned trial court was directed to dispose of the discharge application within four weeks after it is filed.ratio¶13
The applicants were granted liberty to appear through their counsel, and further proceedings in Case Crime No.176 of 2025 were ordered to remain stayed qua the applicants till expiry of six weeks or till disposal of the discharge application.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J. — APPLICATION U/S 528 BNSS No. 427 of 2026, Dilip Singh and 2 others v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 others, decided 09.02.2026. The applicants sought quashing of the entire proceedings of Case Crime No.176 of 2025 (Sections 115(2), 352, 351(3), 333, Bharatiya Nyaya Sanhita, 2023, Police Station Dhanepur, District Gonda) and the summoning order dated 02.01.2026 passed by the Additional Civil Judge (JD), Room No.5, Gonda. After arguing at length, counsel did not press the application on merits and sought liberty to file a discharge application under the Cr.P.C., to which the State had no objection. The Court granted liberty to file the discharge application within two weeks, directed the trial court to dispose of it within four weeks thereafter, permitted the applicants to appear through counsel, and stayed further proceedings in the case qua the applicants till expiry of six weeks or till disposal of the discharge application. The application was disposed of accordingly; no finding was made on the merits of the quashing prayer. No precedent was cited or relied upon.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 427 of 2026

Dilip Singh and 2 others

.....Applicant(s)

Versus

State of U.P. Thru. Prin. Secy. Home Lko. and 2 others .....Opposite Party(s)

Counsel for Applicant(s)	: Rajendra Prasad Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicants and the learned A.G.A. for the State-opposite party no.1.

The present application has been filed seeking quashing of the entire proceedings of Case Crime No.176 of 2025, under Sections 115(2), 352, 351(3), 333, of Bharatiya Nyaya Sanhita, 2023, Police Station Dhanepur, District Gonda and the summoning order dated 02.01.2026 passed by the Additional Civil Judge (JD), Room No.5, Gonda.

After arguing at length, counsel for the applicants submits that he does not want to press this application on merits. However, he submits that he 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.

Accordingly, the applicant are granted liberty to file an application for 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. The applicants are also granted liberty to appear through their counsel. Till expiry of six weeks or till disposal of the discharge application, further proceedings in the aforesaid case shall remain stayed qua the applicants.

With the aforesaid observations/directions, this application stands

NA528 No. 427 of 2026

2

disposed of .

(Brij Raj Singh,J.)

February 9, 2026

Rao/-

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench