Allahabad High Court
SURAJversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The court dismissed the prayer to quash the proceedings as not pressed and ordered that any bail application filed after surrender before 03‑10‑2026 be decided expeditiously.
Summary
Suraj filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 1041 of 2020) arising from offences under IPC sections 323, 504, 506, 352 and the SC/ST Act, and also requested that his bail application be decided expeditiously. The State raised no objection to the limited prayer for speedy bail. The High Court held that the request to quash the proceedings was not pressed and therefore dismissed it, but directed that if the applicant surrenders before 03‑10‑2026 and files a bail application, the trial court must consider it promptly. The application was consequently disposed of, and the order was to be communicated to the trial court.
Issues considered
- Whether an application under Section 528 of the CrPC for quashing of criminal proceedings can be entertained when the applicant does not press the prayer.
- Whether the court can direct the trial court to decide a bail application expeditiously.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 352, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2), 5A
Subjects
- bail
- quash of criminal proceedings
- Section 528 CrPC
- expeditious bail
- SC/ST Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39704 of 2026
Suraj
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Achchhey Lal Tiwari, Kamal Narayan
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Achchhey Lal Tiwari, learned counsel for the applicant, Sri
Bade Lal Bind, learned counsel for the State and perused the record.
3. This application under Section 528 BNSS has been filed by the
applicant Suraj with the prayer to allow this application and to quash the
entire proceeding in Case No. 1041 of 2020 along with summoning order
dated 20.07.2020 (State Vs. Sanni @ Chandrakant and others) arising out
of Case Crime No. 152 of 2020, under Sections 323, 504, 506, 352 IPC
and 3(2) 5A of SC/ST Act, Police Station Loni Border, District
Ghaziabad, pending before learned Special Judge, SC/ST Act, Ghaziabad.
4. At the very outset, learned counsel for the applicant states that the
purpose of the applicant would suffice if an order is passed directing the
trial court to decide the bail application of the applicant as expeditiously
as possible. He further states that although the prayer has been made for
quashing and staying the proceedings of the aforesaid case but he does not
press the same.
5. Learned counsel for the State has no objection of aforesaid arguments
of learned counsel for the applicant.
6. In view of the above, the prayer for quashing and staying the further
proceedings of the aforesaid case is dismissed as not pressed.
7. However, in view of the peculiar facts and circumstances of the case
and looking to the limited prayer of learned counsel for the applicant it is
directed that if the accused-applicant surrenders before the trial court
concerned or on before 03.10.2026 and applies for bail, the same shall be
considered and decided expeditiously in accordance with law.
NA528 No. 39704 of 2026
2
8. The present application stands disposed of.
9. Registrar (Compliance) to communicate this order to the concerned
trial court within one week.
(Samit Gopal,J.)
September 18, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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