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 disposed of the Section 528 application.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet dated 27‑08‑2024, the cognizance and summoning order dated 24‑09‑2024, and the entire proceedings of Case No. 9584 of 2024 (State v. Sushil Kumar & others) relating to offences under Sections 303(2) and 317 BNS. During the hearing, counsel for the applicants indicated that they did not wish to press the matter on its merits and limited their prayer to obtaining permission to file a discharge application and to receive directions for its speedy disposal. The State’s Additional Government Advocate raised no objection to the limited prayer. The Court, noting the parties’ consent, allowed the applicants to move a 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 for quashment of the charge‑sheet and related orders should be entertained.
- Whether the applicants may be permitted to move a discharge application and be given directions for its expeditious disposal.
Legislation cited
- BNSS — s. 528
Subjects
- criminal procedure
- Section 528 BNSS
- charge‑sheet quashment
- discharge application
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36650 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 27.08.2024,
cognizance and summoning order dated 24.09.2024 as well as
entire proceeding of Case No. 9584 of 2024 (State Vs. Sushil
Kumar and others), arising out of Case Crime No. 333 of 2024,
under Section 303(2), 317 BNS, Police Station Nizamabad,
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 at liberty
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. 36650 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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