Allahabad High Court
GIRISH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The High Court disposed of the Section 528 BNSS application, directing surrender, expeditious bail, and a one‑month protection from arrest while allowing the applicants to raise their discharge plea before the trial court.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet dated 02‑12‑2023 and the cognizance order in Criminal Case No.1389 of 2024, alleging that the FIR was based on false facts. During the hearing, the applicant’s counsel withdrew the merit‑based prayer and limited the request to obtaining liberty to move a discharge application and to secure directions for speedy disposal. The State opposed, contending that the matter is a trial issue and the court should not conduct a mini‑trial. The High Court directed that all applicants except Girish surrender before the trial court within a month and that any bail applications be disposed of expeditiously, citing the Supreme Court guidelines in Satender Kumar Antil v. CBI. The Court also ordered that the applicants not be arrested for one month and disposed of the Section 528 application.
Issues considered
- Whether the High Court can entertain and dispose of an application under Section 528 BNSS seeking quash of a charge‑sheet and cognizance order.
- Whether the court may direct surrender and expedite bail without examining the merits of the underlying FIR.
- Whether the applicants may be barred from arrest for a specified period pending surrender.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 308, 323, 504
Subjects
- quash of charge‑sheet
- Section 528 BNSS
- discharge application
- bail expeditious disposal
- surrender order
- false FIR allegation
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9885 of 2026
Girish And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Jaiswal, Rajendra Pratap
Singh
Counsel for Opposite Party(s) : G.A., Shiv Kumar Yadav
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Shri Anil Kumar Jaiswal, learned counsel for the applicants and
learned A.G.A. for the State and perused the material available on record.
2. This application under Section 582 B.N.S.S. has been filed by the
applicant to quash the charge-sheet dated 02.12.2023 as well as cognizance/
summoning order dated 27.11.2024 and the entire proceedings in Criminal
Case No.1389 of 2024 (State Vs. Girish and Others), arising out of Case
Crime No. 301 of 2023, under Sections 323, 504 and 308 I.P.C., Police
Station- Sarai Mamrej, District Prayagraj, pending in the court of learned
Additional Chief Judicial Magistrate, Court No.6, Prayagraj.
3. It is submitted by learned counsel for the applicant, that they have been
falsely implicated in this case and the FIR was lodged on false and
fabricated facts.
4. After arguing the matter up to some length, learned counsel for the
applicant submits that he does not want to press this application on merit and
he confines his prayer only to the extent that applicants may be given liberty
to move discharge application and suitable directions may be issued for
expeditious disposal of the same.
5. Learned A.G.A. has submitted that it is a matter of trial and the applicant
can raise this point before the learned trial court and in this proceeding this
Court cannot go through in detail and examine the evidence as if to hold a
minitrial.
NA528 No. 9885 of 2026
2
6. In view of above, considering the aforesaid alternative prayer made by
learned counsel for the applicants, it is directed that the applicants, except
Girish, shall surrender before the concerned trial court within one month
from today and in case, they apply for bail, the bail application of the
applicants shall be disposed of expeditiously by the trial court in accordance
with law, after hearing the informant, keeping in view the guidelines as laid
down by the Apex Court in the case of Satender Kumar Antil vs. Central
Bureau of Investigation and another, reported in (2021) 10 SCC 773.
7. It is provided that the applicants can raise these issues/ points before the
concerned court, and in case, the applicants move the discharge application
the same shall be decided by the court concerned, expeditiously, in
accordance with law.
8. For the period of one month from today or till the time of surrender of the
applicants except Girish, who is on bail, before the concerned trial court,
whichever is earlier, applicants shall not be arrested in the above case.
9. With the above observations and directions, this application under Section
528 BNSS is disposed of.
May 8, 2026
AdityaG
(Sanjiv Kumar,J.)
Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad
Checking your session…