Allahabad High Court
SUJEET KUMAR SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The court permitted the applicant to move a discharge application and stayed any coercive action for 30 days, disposing of the Section 528 application.
Summary
The applicant, Sujeet Kumar Sharma, filed an application under Section 528 seeking to quash the charge-sheet dated 7 January 2025 and the cognizance order dated 5 May 2026 in Special Sessions Trial No.334 of 2026, which arose under Sections 7 and 12 of the Prevention of Corruption Act. The applicant requested permission to move a discharge application before the Special Judge, and the State did not oppose the request. The High Court, after hearing counsel, allowed the applicant to appear before the concerned court within 15 days to file the discharge application and directed that no coercive action be taken against him for 30 days. The court further ordered that the concerned court decide the discharge application on its merits expeditiously. The application was consequently disposed.
Issues considered
- Whether the applicant can be permitted to move a discharge application in the Special Sessions Trial pending under the Prevention of Corruption Act.
- Whether the court can stay any coercive action against the applicant pending the filing of the discharge application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Prevention of Corruption Act, 1988 — s. 12, 7
Subjects
- quash proceedings
- discharge application
- Prevention of Corruption Act
- Section 528
- coercive action stay
- Special Sessions Trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38681 of 2026
Sujeet Kumar Sharma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abu Salim, Devesh Kumar Shukla,
Hrishikesh Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present application has been filed by applicant for quashing
the entire proceeding as well as impugned charge-sheet dated 7.1.2025
and cognizance order dated 5.5.2026 passed in Special Sessions Trial
No.334 of 2026 (State Vs. Sujeet Kumar Sharma), arising out of Case
Crime No. 24 of 2024, under Section 7/12 of the P.C. Act, Police Station
Anti Corruption Varanasi, District Varanasi, pending in the court of
Additional District & Sessions Judge/Special Judge (Prevention of
Corruption Act), Special Court No.02, Varanasi.
3. After some argument, learned counsel for the applicant prays that
applicant may be permitted to move discharge application before the
Court concerned.
4. This prayer has not been opposed by the learned AGA.
5. Considering the facts and circumstances of the case, the applicant is
permitted to appear before the concerned court within 15 days from today
and move an application for discharge. The concerned court shall after
hearing the counsel decide the application on merits, in accordance with
law expeditiously.
6. For a period of 30 days, no coercive action will be taken against the
applicant.
NA528 No. 38681 of 2026
2
7. With the above observations/direction, this application stands disposed
of.
(Vikram D. Chauhan,J.)
September 14, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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