Allahabad High Court
MANOJ MAHESHWARI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The court dismissed the prayer for quash and stay as not pressed and ordered that any bail application filed upon surrender be decided expeditiously.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash and stay the criminal proceedings in Complaint Case No. 22 of 2024 (Rammoorat v. Manoj Maheshwari et al.) which involved charges under IPC sections 323, 504, 506 and the SC/ST Act. During arguments the counsel for the applicants indicated that their real aim was to obtain an expeditious decision on their bail applications, and they did not press the prayer for quash and stay. The State had no objection to this limited request. The High Court dismissed the prayer for quash and stay as it was not pressed and directed that, should the accused surrender and file bail applications, the trial court must consider them promptly. The application was thereafter disposed of.
Issues considered
- Whether an application under Section 528 BNSS for quashing and staying criminal proceedings can be dismissed when the applicant does not press the prayer.
- Whether the court may direct the trial court to decide bail applications expeditiously upon surrender of the accused.
Legislation cited
- Bail and No.?? (BNSS) — s. 528
- Indian Penal Code — s. 323, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(da)
Subjects
- quash
- stay of proceedings
- bail
- Section 528 BNSS
- IPC
- SC/ST Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51556 of 2025
Manoj Maheshwari And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Mathur
Counsel for Opposite Party(s) : Baikunth Nath Singh, G.A., Manish
Kumar Singh
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Rakesh Kumar Mathur, learned counsel for the applicant(s),
Sri Manish Kumar Singh, learned counsel for the opposite party no.2 and
Sri Birendra Pratap Singh, learned counsel for the State and perused the
record.
3. This application under Section 528 BNSS has been filed by the
applicant(s) Manoj Maheshwari, Chhote Dixit and Pintulal, with the
prayers to quash the entire proceeding of Complaint Case No. 22 of 2024
(Rammoorat Vs. Manoj Maheshwari and others) as well as summoning
order dated 13.11.2025 passed by learned Additional District and
Sessions Judge/Special Judge (SC/ST Act), Jalaun at Orai, under sections
323, 504, 506 IPC and section 3(1)(da) (dha) of SC/ST Act, pending in
the said court and with a further prayer to stay the entire proceeding of the
aforesaid case, during the pendency of the present application.
4. After arguments at length, learned counsel for the applicant(s) states
that the purpose of the applicant(s) would suffice if an order is passed
directing the trial court to decide the bail application of the applicant(s),
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(s).
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
NA528 No. 51556 of 2025
2
and looking to the limited prayer of learned counsel for the applicant(s), it
is directed that if the accused-applicant(s) surrenders before the trial court
and apply for bail, the same shall be considered and decided expeditiously
in accordance with law.
8. The present application is disposed of.
(Samit Gopal,J.)
May 5, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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