Allahabad High Court
ANURAG DHAMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The court dismissed the prayer for quash and stay as not pressed, but ordered that any bail application filed upon surrender before 15‑10‑2026 be decided expeditiously.
Summary
Anurak Dhama filed an application under Section 528 of the Code of Criminal Procedure seeking to quash a summoning order dated 14‑05‑2026 issued by the Special Judge (SC/ST Act) in a criminal case involving offences under Sections 323, 504 IPC and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST Act, and also to stay further proceedings. The applicant’s counsel clarified that the real purpose was to obtain an expeditious decision on his bail application, and he did not press the prayer for quashing or staying the case. The State had no objection to this limited request. The court dismissed the prayer for quash and stay as it was not pressed, but directed that if the applicant surrenders before the trial court or by 15‑10‑2026 and applies for bail, the bail application must be considered and decided expeditiously. The application was consequently disposed of, and the order was to be communicated to the trial court.
Issues considered
- Whether the application under Section 528 seeking quash of the summoning order and stay of proceedings can be entertained when the applicant does not press those prayers.
- Whether the court can direct expeditious consideration of a bail application upon the applicant’s surrender.
Legislation cited
- Code of Criminal Procedure — s. 528
- Indian Penal Code — s. 323, 504
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- Section 528
- quash order
- stay of proceedings
- SC/ST Act
- expeditious bail
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42505 of 2026
Anurag Dhama
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Shekhar Mishra, Nitin Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Chandra Shekhar Mishra, 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 Anurag Dhama with the prayer to allow this application and to
quash the impugned summoning order dated 14.05.2026 passed by
Special Judge, SC/ST (P.A.) Act, Saharanpur in Complaint Case No.
2814 of 2023, under Sections 323, 504 IPC and Section 3(1)(r)(s),
3(2)(va) of SC/ST Act, Police Station Gangoh, District Saharanpur and
with a further prayer to stay the further proceedings of the aforesaid case,
during the pendency of the present application.
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 15.10.2026 and applies for bail, the same shall be
considered and decided expeditiously in accordance with law.
NA528 No. 42505 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.)
October 1, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
Checking your session…