Allahabad High Court
MAHENDRA MAURYA ALIAS MAHENDRA KUMAR MAURYAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The court permitted the applicant to file a discharge application within four weeks and ordered an expeditious hearing if the charge had not been framed.
Summary
The applicant, Mahendra Maurya, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Case No. 5663 of 2024) arising from offences under Sections 419 and 420 IPC. During hearing, the applicant limited his request to obtaining permission to file a discharge application, stating he was already on anticipatory bail. The State’s counsel raised no objection to this limited prayer. The court allowed the applicant to move the discharge application within four weeks and directed that, if the charge has not yet been framed, the matter be heard and decided expeditiously with a reasoned order. The application was thereafter disposed.
Issues considered
- What relief, if any, can be granted under Section 528 of the BNSS in respect of pending criminal proceedings?
- Whether the court may permit the filing of a discharge application in lieu of a quash application?
Legislation cited
- BNSS — s. 528
Subjects
- Section 528
- BNSS
- discharge application
- quash of proceedings
- anticipatory bail
- expeditious disposal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37619 of 2025
Mahendra Maurya Alias Mahendra Kumar
Maurya .....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Shri Sandeep Kumar Pandey, learned counsel for the
applicant and Shri Akhilesh Kumar Mishra, learned A.G.A. for
the State.
2. This application under Section 528 BNSS has been filed by the
applicants to quash entire proceeding of Case No.5663 of 2024
(State Vs. Mahendra Maurya and Others) arising out of Case
Crime No.552 of 2022, under Sections 419 and 420 I.P.C., Police
Station- Robertsganj, District- Sonbhadra, as well as charge-sheet
dated 22.11.2022 as well as summoning order dated 08.04.2024,
pending in the court of Chief Judicial Magistrate, Sonbhadra.
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. It is further submitted that the applicant is on
anticipatory 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 permitted to
move discharge application(s) within four weeks' from today and,
in case any such application(s) is being filed and the charge has
NA528 No. 37619 of 2025
2
already not been framed, the 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
April 10, 2026
AdityaG
(Sanjiv Kumar,J.)
Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad
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