Yar Mohammad Shaikh @ Salman and 3 Others vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Yar Mohammad Shaikh @ Salman and 3 Others vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application not pressed on merits and disposed of with directions: liberty to file a discharge application under Cr.P.C. within two weeks; trial court to dispose of it within four weeks thereafter; liberty to appear through counsel; interim stay of further proceedings till expiry of six weeks or till disposal of the discharge application.

Issue for consideration

Whether the entire proceedings of Criminal Case No.11 of 2026 (arising out of Case Crime No.170 of 2025, under Sections 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Dhanpatganj, District Sultanpur) and the summoning order dated 13.01.2026 passed by the Judicial Magistrate, Court No.38, Sultanpur were liable to be quashed. (Framed by the application but not decided on merits.)

Ratio / Principle

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

Key takeaways

Trial court directed to dispose of the discharge application within four weeks after it is filed.ratio¶13
Applicants granted liberty to appear through their counsel.ratio¶13
Further proceedings against the applicants in Criminal Case No.11 of 2026 shall remain stayed till expiry of six weeks or till disposal of the discharge application.ratio

Detailed headnote1 paragraphs

Quashing application under S. 528 BNSS (No. 709 of 2026) by Yar Mohammad Shaikh @ Salman and 3 others against the entire proceedings of Criminal Case No. 11 of 2026 (arising out of Case Crime No. 170 of 2025, Ss. 115(2), 352, 351(3) Bharatiya Nyaya Sanhita, 2023, P.S. Dhanpatganj, District Sultanpur) and the summoning order dated 13.01.2026 of the Judicial Magistrate, Court No. 38, Sultanpur. Counsel did not press the application on merits and sought liberty to move a discharge application under Cr.P.C., to which the State had no objection. Held: liberty granted to file the discharge application within two weeks; trial court directed to dispose of it within four weeks thereafter; applicants permitted to appear through counsel; further proceedings stayed till expiry of six weeks or till disposal of the discharge application. Application disposed of (Brij Raj Singh, J., February 26, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 709 of 2026

Yar Mohammad Shaikh @ Salman and 3 others

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Pankaj Kumar Dixit, Mukesh Kumar Tewari Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicants as well as Ms. Tanvi Jain, learned AGA and perused the record.

By means of this application, the applicants have prayed for quashing the entire proceedings of Criminal Case No.11 of 2026, arising out of Case Crime No.170 of 2025, under Sections 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station Dhanpatganj, District Sultanpur and the summoning order dated 13.01.2026 passed by the Judicial Magistrate, Court No.38, Sultanpur.

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

Accordingly, 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 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

NA528 No. 709 of 2026

2

proceedings against the applicants in the aforesaid case shall remain stayed.

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

(Brij Raj Singh,J.)

February 26, 2026

Rao/-

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