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Allahabad High Court

SHAKIRversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that the applicant may file a discharge application within four weeks and that the matter shall be heard expeditiously, thereby disposing of the Section 528 application.

Summary

The applicant filed an application under Section 528 of the BNSS seeking to quash the entire criminal proceeding (Session Trial No. 1755 of 2025) arising from a Section 307 IPC case. The applicant later withdrew the merit of the application and only requested permission to move a discharge application, noting that bail had already been granted. The State’s Additional Government Advocate raised no objection to the applicant’s limited prayer. The Court, after hearing counsel, allowed the applicant to file the discharge application within four weeks and directed that any such application be heard and decided expeditiously with a reasoned order. Consequently, the application under Section 528 was disposed of with the aforesaid directions.

Issues considered

  • Whether the Court may permit the applicant to withdraw the application to quash the proceeding and instead move a discharge application.
  • Whether any procedural impediment exists to filing a discharge application after bail has been granted.

Legislation cited

Subjects

  • Section 528
  • discharge application
  • quash proceeding
  • bail
  • criminal procedure
  • expeditious disposal

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
         APPLICATION U/S 528 BNSS No. - 36139 of 2025

Shakir
                                             .....Applicant(s)
                            Versus

State Of U.P. And Another
                                               .....Opposite
                                                     Party(s)

Counsel for Applicant(s)     : Umair Mahmood, Vivek
                               Pandey
Counsel for Opposite Party(s): G.A.

Court No. - 83
                 HON'BLE SANJIV KUMAR, J.

1. Heard learned counsel for the applicant 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
Session Trial No.1755 of 2025, arising out of Case Crime
No.0048 of 2018, under Section 307 I.P.C., Police
Station Seohara, District Bijnor as well as charge-sheet
No.122 of 2018, dated 21.04.2018 as well as summoning
order dated 04.07.2018.

3. After arguing the matter up to some length, learned
counsel for the applicant 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. He also
submits that applicant has already been granted bail.

4. Learned A.G.A. has no objection in grant of aforesaid
prayer.

5. In view of above, it is provided that applicant is
                                                                                    NA528 No. 36139 of 2025
                                                               2


                                        permitted to move his discharge application(s) within four
                                        weeks' from today and in case any such application(s)
                                        is/are being filed, same shall be heard and decided
                                        expeditiously after hearing the parties, in accordance with
                                        law, by means of a reasoned and speaking order.

                                        6. With above directions this application stands disposed
                                        of.

                                        May 5, 2026
                                        Amit

                                                                                (Sanjiv Kumar,J.)




Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad


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