Allahabad High Court
SMT. TASLIM AKHTAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The Court permitted the applicants to file a discharge application within four weeks and disposed of the Section 528 application.
Summary
The applicants, Smt. Taslim Akhtar and two others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 11‑08‑2023, the cognizance and summoning order dated 21‑03‑2024, and the entire proceedings in Criminal Case No. 14342 of 2024 (State vs. Taslim Akhtar et al.) relating to offences under Sections 504 and 506 IPC. The counsel for the applicants clarified that they did not wish to press the application on its merits and only sought permission to file a discharge application and obtain directions for speedy disposal. The State’s Additional Government Advocate raised no objection to this limited prayer. The Court allowed the applicants to move a discharge application within four weeks and directed that any such application be heard and decided expeditiously, thereafter disposing of the Section 528 application.
Issues considered
- Whether the applicants may be permitted to move a discharge application under Section 528 CrPC without a substantive hearing on the merits of the charge‑sheet?
- Whether the charge‑sheet and the pending proceedings can be quashed at this stage?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 504, 506
Subjects
- Criminal Procedure Code
- Section 528
- discharge application
- charge‑sheet
- expeditious disposal
- IPC Sections 504, 506
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 24498 of 2025
Smt. Taslim Akhtar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A., Krishna Dutt Tiwari
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State
and perused the record.
2. This application under Section 528 BNSS has been filed by the applicants
to quash impugned charge-sheet dated 11.08.2023, cognizance and
summoning order dated 21.03.2024 as well as entire proceeding of Criminal
Case No. 14342 of 2024 (State Vs. Taslim Akhtar and others), arising out of
Case Crime No. 296 of 2023, under Sections 504, 506 IPC, Police Station
Katghar, District Moradabad, pending in the court of learned C.J.M. Court
No.1, Moradabad.
3. After arguing the matter up to some length, learned counsel for the
applicants submit that he does not want to press this application on merit and
he confines his prayer only to the extent that applicants may be permitted to
move discharge application and suitable directions may be issued for
expeditious disposal of the same.
4. Learned A.G.A. has no objection in grant of aforesaid prayer.
5. In view of above, it is provided that the applicants are permitted to move
their discharge application within four weeks' from today and, in case, any
such application is filed, same shall be heard and decided expeditiously after
hearing the parties, in accordance with law, by means of a reasoned and
speaking order.
NA528 No. 24498 of 2025
2
6. With above directions this application stands disposed of.
(Sanjiv Kumar,J.)
March 24, 2026
Subham
Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad
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