Allahabad High Court
JAGDISH GUPTA 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 that it be heard and decided expeditiously.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet dated 31‑08‑2024, the cognizance and summoning order dated 30‑09‑2024, and the entire proceedings in Case No. 9663 of 2024 (State v. Sushil Kumar). During hearing, the applicant’s counsel indicated that he did not wish to press the matter on its merits and limited his prayer to obtaining permission to file a discharge application and to have the matter disposed of expeditiously. The State’s Additional Government Advocate raised no objection to this limited prayer. The Court, agreeing with the parties, directed that the applicants may file a discharge application within four weeks and that any such application be heard and decided promptly with a reasoned order. The application under Section 528 was therefore disposed of, with the Court’s directions.
Issues considered
- Whether the application under Section 528 BNSS to quash the charge‑sheet and proceedings should be entertained on its merits
- Whether the Court may permit the applicants to move a discharge application and direct an expeditious hearing
Legislation cited
- BNSS — s. 528
Subjects
- criminal procedure
- Section 528
- quash of charge‑sheet
- discharge application
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36635 of 2025
Jagdish Gupta 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 31.08.2024,
cognizance and summoning order dated 30.09.2024 as well as
entire proceeding of Case No. 9663 of 2024 (State Vs. Sushil
Kumar and others), arising out of Case Crime No. 215 of 2024,
under Sections 380, 411 IPC, Police Station Deogaon, 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. 36635 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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