Allahabad High Court
DHRAMBIR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The Court allowed the applicants to move a discharge application within four weeks and directed that the pending criminal proceedings be heard and disposed of expeditiously.
Summary
The applicants, Dhrambir and another, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Crime No. 0290 of 2023) filed under Sections 420, 120B, 452, 504 and 506 IPC. During hearing, the applicants indicated they did not wish to contest the merits and only requested liberty to move a discharge application and for the case to be disposed of quickly. The State’s Additional Government Advocate raised no objection to this limited prayer. The Court, after considering the submissions, permitted the applicants to file a discharge application within four weeks and directed that, if charges have not yet been framed, the matter be heard and decided expeditiously with a reasoned order. The application under Section 528 was therefore disposed of.
Issues considered
- Whether the application under Section 528 BNSS to quash the entire criminal proceeding should be entertained.
- Whether the Court should merely allow the applicants to move a discharge application and direct expeditious disposal.
Legislation cited
- Bihar Negotiable Instruments Act — s. 528
Subjects
- Criminal Procedure Code
- Section 528 BNSS
- Discharge Application
- Expeditious Disposal
- Quash of Proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 27192 of 2025
Dhrambir And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar, Rakesh
Kumar Singh
Counsel for Opposite Party(s): G.A., Pavan Kumar
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 entire proceeding of Case
Crime No.0290 of 2023, under Sections 420, 120B, 452,
504 and 506 I.P.C., Police Station Nagina, District Bijnor
as well as charge-sheet dated 06.04.2024 and
summoning order dated 19.10.2024.
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 the above, it is provided that the applicant
shall be at liberty to move discharge application(s) within
four weeks from today, and in case any such
NA528 No. 27192 of 2025
2
application(s) is/are filed, and if charges have not already
been framed, the same shall be heard and decided
expeditiously, after hearing the parties, in accordance
with law, by a reasoned and speaking order.
6. With above directions this application stands disposed
of.
May 18, 2026
Amit
(Sanjiv Kumar,J.)
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
Checking your session…