Allahabad High Court
SHUBHAM PANDEY AND 8 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 ordered its expeditious hearing, thereby disposing of the Section 528 application.
Summary
The applicants, Shubham Pandey and eight others, filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet, cognizance order and the entire proceedings in State v. Sushil Kumar Pandey (Case No. 9667 of 2024) relating to offences under Sections 303(2) and 317(2) of the BNS Act. While initially requesting quash, the counsel later limited the prayer to permission to file a discharge application and to obtain directions for its speedy disposal. The State’s Additional Government Advocate raised no objection to the limited prayer. The Court, after hearing both sides, allowed the applicants to move the discharge application within four weeks and directed that any such application be heard and decided expeditiously with a reasoned order. The application under Section 528 was consequently disposed of.
Issues considered
- Whether the application under Section 528 BNSS to quash the charge‑sheet and proceedings should be entertained
- Whether the applicants may be permitted to file a discharge application and obtain directions for its speedy disposal
Legislation cited
Subjects
- Criminal Procedure
- Section 528
- Discharge Application
- Quash Charge‑Sheet
- Expeditious Disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36167 of 2025
Shubham Pandey And 8 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Subhash Chandra Yadav
Counsel for Opposite Party(s) : G.A.
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 21.09.2024,
cognizance and summoning order dated 01.10.2024 as well as
entire proceeding of Case No. 9667 of 2024 (State Vs. Sushil
Kumar Pandey and others), arising out of Case Crime No. 187 of
2024, under Section 303(2), 317(2) BNS, Police Station
Kandharapur, District Azamgarh.
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. 36167 of 2025
2
6. With above directions this application stands disposed of.
May 5, 2026
Subham
(Sanjiv Kumar,J.)
Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad
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