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Allahabad High Court

SUBHASH YADAV AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is disposed with a direction to the trial court to decide the pending discharge application expeditiously, without unnecessary adjournments.

Summary

The applicants filed an application under Section 529 of the BNS seeking a direction to the Special Judge (SC/ST Act) in Pilibhit to promptly decide a discharge application dated 28‑01‑2026 in Session Trial No.1461 of 2025. The discharge application pertained to charges under Sections 131, 118(1), 117(2), 109, 352, 351(3), 3(5) of the BNS and Sections 3(2)(v) and 3(1)(dha) of the SC/ST Act. The applicants contended that no offence was made out against them and that the discharge application had been pending without resolution. The High Court, after hearing counsel, declined to opine on the merits but ordered the trial court to decide the discharge application as expeditiously as possible, avoiding unnecessary adjournments. The order was issued on 20‑April‑2026, and the application was disposed with the said direction.

Issues considered

  • Whether the High Court can direct the Special Judge to decide a pending discharge application expeditiously without expressing a view on the merits.
  • Whether any legal impediment exists that would prevent a swift disposal of the discharge application.

Legislation cited

  • BNS — s. 109, 117(2), 118(1), 131, 3(5), 351(3), 352
  • SC/ST Act — s. 3(1)(dha), 3(2)(v)

Subjects

  • Section 529 application
  • discharge application
  • expeditious trial
  • adjournments
  • SC/ST Act
  • criminal procedure

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
         APPLICATION U/S 529 BNSS No. - 1874 of 2026

Subhash Yadav And Another
                                                .....Applicant(s)
                             Versus

State of U.P. and Another
                                                   .....Opposite
                                                         Party(s)

Counsel for Applicant(s)      : Arun Yadav, Babu Ram
                                Yadav, Mohammad Imran
                                Khan
Counsel for Opposite Party(s) : G.A.

Court No. - 84
            HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicants and learned A.G.A.
for the State.

2. The present application has been filed with the prayer to
direct the court concerned i.e. learned Special Judge SC/ST
Act, Pilibhit for early decision of discharge application dated
28.01.2026 moved in Session Trial No.1461 of 2025 (State Vs.
Subhas Yadav and Another) arising out of Case Crime No.359
of 2024, under Sections- 131, 118(1), 117(2), 109, 352, 351(3),
3(5) of BNS and Section 3(2)(v), 3(1)(dha) of the SC/ST Act,
Police Station- Modhotanda, District- Pilibhit.

3. Learned counsel for the applicants submits that no offence is
made out against the applicants. It is further submitted that an
application dated 28.01.2026 for discharge has already been
filed before the court concerned but the same is pending till
date.

3. Considering the facts and circumstances and without
expressing any opinion on the merits of the case, this
application is finally disposed of with a direction to the
concerned trial court to decide the aforesaid case in accordance
with law, as expeditiously as possible, without granting any
                                                                                      NA529 No. 1874 of 2026
                                                                2


                                        unnecessary or long adjournments to either of the parties, if
                                        there is no other legal impediment.

                                        April 20, 2026
                                        S.K.

                                                                              (Jai Prakash Tiwari,J.)




Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad


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