Allahabad High Court
CHHOTU @ ARUNversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed of, with the direction that the applicant may surrender and seek bail, which the trial court must decide promptly.
Summary
The applicant, Chhotu @ Arun, filed an application under Section 528 of the B.N.S.S. seeking to quash a notice and a Cr.P.C. order dated 19 January 2026 and 14 July 2026, as well as the pending criminal case involving offences under Sections 498A, 323, 504, 506 of the IPC and Sections 3 and 4 of the D.P. Act. During the hearing, counsel for the applicant indicated that he no longer wished to contest the application on its merits and was prepared to surrender before the trial court within two weeks and apply for bail. The State’s Additional Government Advocate raised no objection to this change of position. The Court directed that, provided the applicant appears before the trial court within the stipulated period, the bail application should be decided expeditiously in accordance with law. Consequently, the application under Section 528 B.N.S.S. was disposed of with the above directions.
Issues considered
- Whether the application under Section 528 B.N.S.S. for quashing the notice and Cr.P.C. order should be entertained when the applicant seeks to surrender and obtain bail.
- Whether the trial court should be directed to decide the bail application expeditiously.
Legislation cited
Subjects
- Section 528
- B.N.S.S.
- quash
- bail
- surrender
- criminal procedure
- application disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38725 of 2026
Chhotu @ Arun
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ghan Shyam
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Anuj Chaturvedi, Advocate holding brief of Sri Ghanshyam,
learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 528 B.N.S.S. has been filed by
the applicant with a prayer to quash the N.B.W. dated 19.1.2026 and 82
Cr.P.C. dated 14.7.2026 passed by the learned Additional Chief Judicial
Magistrate-II, Banda and entire proceeding of Crl. Case No.231/IX/2020,
arising out of Case Crime No.0037 of 2018, under Sections 498A, 323,
504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District
Banda, pending in the Court of Additional Chief Judicial Magistrate-II,
Banda.
3. After some arguments, learned counsel for the applicant has made a
statement at the Bar that he does not want to press this application on
merits and the applicant is ready to surrender before the trial court within
two weeks and seek his bail. The bail application of the applicant be
considered and disposed of in view of the settled provision of law.
4. Learned AGA has no objection to the same.
5. Considering the aforesaid prayer made by learned counsel for the
applicant, in case, the applicant appears before the concerned trial court
within two weeks from today and applies for bail, the bail application of
the applicant shall be decided and disposed of expeditiously as possible
by the trial court in accordance with law.
NA528 No. 38725 of 2026
2
6. With the above observations and directions, this application under
Section 528 BNSS is disposed of.
(Chawan Prakash,J.)
September 21, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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