Allahabad High Court
PARMATMA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The court dismissed the prayer to quash and stay the proceedings but ordered that any bail application filed after surrender before 20 May 2026 be decided expeditiously.
Summary
The applicants Parmatma, Gunjeshwar and Krishna filed an application under Section 528 of the BNSS seeking to quash the charge sheet dated 12‑10‑2025, the cognizance order dated 27‑10‑2025, and the entire Special Session Trial No. 2258 of 2025 arising under various provisions of the SC/ST Act. The State raised no objection to the applicants’ limited request that the trial court decide their bail application expeditiously. The court observed that the applicants had not pressed the prayer for quash and stay, and therefore dismissed that part of the application. However, noting the peculiar facts, the court directed that if the accused surrender before 20‑05‑2026 and file a bail application, the trial court must consider it promptly. The application was thereafter disposed of.
Issues considered
- Whether the application under Section 528 BNSS for quashing the charge sheet and staying the trial proceedings can be entertained.
- Whether the court can direct expeditious consideration of a bail application upon surrender of the accused.
Legislation cited
- BNSS Act — s. 528
- SC/ST (Prevention of Atrocities) Act — s. 115(2), 131, 3(1)(dha), 3(2)(va), 351(2), 352
Subjects
- quash
- stay of proceedings
- bail
- Section 528
- SC/ST Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 1974 of 2026
Parmatma And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Sandeep Kumar Chaturvedi, learned counsel for the
applicant(s) and Sri V.D. Ojha, learned counsel for the State and perused
the record.
3. Notice issued to the opposite party no.2 vide order dated 20.02.2026
has been served personally as per office report dated 05.05.2026. Despite
service of notice, no one appears on behalf of the opposite party no.2 even
when the matter has been taken up in the revised list.
4. This application under Section 528 BNSS has been filed by the
applicant(s) Parmatma, Gunjeshwar and Krishna, with the prayers
to quash the charge sheet dated 12.10.2025 along with
cognizance/summoning order dated 27.10.2025 as well as entire
proceeding in Special Session Trial No. 2258 of 2025 (State Vs.
Parmatma and others) arising out of Case Crime No. 0202/2025, under
sections 115(2), 352, 351(2), 131 BNS and section 3(1)(dha), 3(2)(va)
SC/ST Act, Police Station Kolhui, District Maharajganj, pending in the
court of Special Judge, SC/ST Act, Maharajganj and with a further prayer
to stay the further proceeding of the aforesaid case, during the pendency
of the present application.
5. Perused the explanation of the CJM, Maharajganj which was called for
vide order dated 27.04.2026. No further order needs to be passed with
regards to the same.
6. At the very outset, learned counsel for the applicant(s) states that the
purpose of the applicant(s) would suffice if an order is passed directing
the trial court to decide the bail application of the applicant(s), as
expeditiously as possible. He further states that although the prayer has
been made for quashing and staying the proceedings of the aforesaid case
NA528 No. 1974 of 2026
2
but he does not press the same.
7. Learned counsel for the State has no objection of aforesaid arguments
of learned counsel for the applicant(s).
8. In view of the above, the prayer for quashing and staying the further
proceedings of the aforesaid case is dismissed as not pressed.
9. However, in view of the peculiar facts and circumstances of the case
and looking to the limited prayer of learned counsel for the applicant(s), it
is directed that if the accused-applicant(s) surrenders before the trial court
concerned by 20.05.2026 or earlier and apply for bail, the same shall be
considered and decided expeditiously in accordance with law.
10. The present application is disposed of.
(Samit Gopal,J.)
May 6, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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