Girish and 3 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Girish and 3 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS disposed of with directions: applicants except Girish to surrender before the trial court within one month; bail applications, if moved, to be decided expeditiously after hearing the informant in view of Satender Kumar Antil, (2021) 10 SCC 773; liberty to raise contentions and move a discharge application, to be decided expeditiously; no arrest for one month or till surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 02.12.2023, the cognizance/summoning order dated 27.11.2024 and the entire proceedings in Criminal Case No. 1389 of 2024 (arising out of Case Crime No. 301 of 2023, under Sections 323, 504 and 308 IPC, P.S. Sarai Mamrej, District Prayagraj) are liable to be quashed. +1 more

Ratio / Principle

Learned counsel for the applicants did not press the quashing application on merits and confined the prayer to liberty to move a discharge application with suitable directions for expeditious disposal; the Court proceeded on that alternative prayer.

Key takeaways

The applicants, except Girish, were directed to surrender before the concerned trial court within one month.ratio¶6
If the applicants apply for bail, their bail applications shall be disposed of expeditiously by the trial court in accordance with law, after hearing the informant, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773.ratio¶6
The applicants may raise their contentions before the concerned court; any discharge application moved by them shall be decided by the court concerned expeditiously, in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.) disposed of an application under Section 528 BNSS seeking quashing of the charge-sheet dated 02.12.2023 and the cognizance/summoning order dated 27.11.2024, and the entire proceedings in Criminal Case No. 1389 of 2024 (State Vs. Girish and Others), arising out of Case Crime No. 301 of 2023 under Sections 323, 504 and 308 IPC, P.S. Sarai Mamrej, District Prayagraj, pending before the Additional Chief Judicial Magistrate, Court No.6, Prayagraj. Counsel for the applicants did not press the application on merits and confined the prayer to liberty to move a discharge application. The Court directed the applicants, except Girish (who is on bail), to surrender within one month; directed expeditious disposal of their bail applications after hearing the informant in view of Satender Kumar Antil v. CBI, (2021) 10 SCC 773; permitted them to raise their contentions and seek discharge, to be decided expeditiously; and directed that they shall not be arrested for one month or till surrender, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9885 of 2026

Girish And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar Jaiswal, Rajendra Pratap Singh
Counsel for Opposite Party(s)	: G.A., Shiv Kumar Yadav

Court No. - 83

HON'BLE SANJIV KUMAR, J.

Heard Shri Anil Kumar Jaiswal, learned counsel for the applicants and learned A.G.A. for the State and perused the material available on record.

This application under Section 582 B.N.S.S. has been filed by the applicant to quash the charge-sheet dated 02.12.2023 as well as cognizance/ summoning order dated 27.11.2024 and the entire proceedings in Criminal Case No.1389 of 2024 (State Vs. Girish and Others), arising out of Case Crime No. 301 of 2023, under Sections 323, 504 and 308 I.P.C., Police Station- Sarai Mamrej, District Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Court No.6, Prayagraj.

It is submitted by learned counsel for the applicant, that they have been falsely implicated in this case and the FIR was lodged on false and fabricated facts.

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

Learned A.G.A. has submitted that it is a matter of trial and the applicant can raise this point before the learned trial court and in this proceeding this Court cannot go through in detail and examine the evidence as if to hold a minitrial.

NA528 No. 9885 of 2026

2

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants, except Girish, shall surrender before the concerned trial court within one month from today and in case, they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the trial court in accordance with law, after hearing the informant, keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773 .

It is provided that the applicants can raise these issues/ points before the concerned court, and in case, the applicants move the discharge application the same shall be decided by the court concerned, expeditiously, in accordance with law.

For the period of one month from today or till the time of surrender of the applicants except Girish, who is on bail, before the concerned trial court, whichever is earlier, applicants shall not be arrested in the above case.

With the above observations and directions, this application under Section 528 BNSS is disposed of .

May 8, 2026 AdityaG

(Sanjiv Kumar,J.)

Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad