Allahabad High Court
HARJOT SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The Court permitted the applicant to move a discharge application within four weeks and disposed of the Section 528 application.
Summary
The applicant, Harjot Singh, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge-sheet, cognizance order, and the entire proceedings in Criminal Case No. 9157 of 2024. After hearing, the applicant clarified that he does not wish to press the matter on its merits and only seeks permission to move a discharge application. The State, represented by the Additional Government Advocate, raised no objection to this limited prayer. The Court, noting the parties' positions, allowed the applicant to file a discharge application within four weeks and directed that any such application be heard and decided expeditiously with a reasoned order. Consequently, the original application under Section 528 was disposed of.
Issues considered
- Whether the Court should quash the charge-sheet and proceedings under Section 528 CrPC
- Whether the applicant should be permitted to move a discharge application in lieu of quashing the charge-sheet
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- discharge application
- quash charge-sheet
- expeditious disposal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 3745 of 2026
Harjot Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pavan Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 84
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
applicant to quash impugned charge-sheet dated 01.11.2024,
cognizance and summoning order dated 19.11.2024 as well as
entire proceeding of Criminal Case No. 9157 of 2024 (State Vs.
Anil @ Vikki and others), arising out of Case Crime No. 118 of
2024, under Sections 76, 78, 351(2), 352 BNS, Police Station
Rehar, District Bijnor.
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 applicant 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 applicant is permitted
to move his 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. 3745 of 2026
2
6. With above directions this application stands disposed of.
February 18, 2026
Subham
(Sanjiv Kumar,J.)
Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad
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