Sushil Kumar And 2 Others vs State Of U.P.
2025 Latest Caselaw 9307 ALL

Allahabad High Court

Sushil Kumar And 2 Others vs State Of U.P. on 28 August, 2025

Author: Deepak Verma

Bench: Deepak Verma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:150832
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
APPLICATION U/S 528 BNSS No. - 11813 of 2025
 
Court No. - 72
 
HON'BLE DEEPAK VERMA, J.

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

2. The present 528 BNSS application has been filed to quash the charge sheet dated 29.11.2024 as well as cognizance and summoning order dated 29.01.2025 in Criminal Case No. 163 of 2025, (State Versus Sushil Kumar and others) arising out of Case Crime No. 500 of 2024, Under Sections 318(4), 316(2), 352, 351(2), ?.N.S. Police Station Harduaganj, District Aligarh, which is pending in the Court of Judicial Magistrate II Aligarh.

3. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. The allegation alleged in the F.I.R. is false, baseless and not supported by any evidence. The I.O. without collecting material evidence, in very hasty manner, submitted charge sheet under the aforesaid sections and the learned Magistrate without applying judicial mind took cognizance and issued summons against the applicants. It is next submitted that proceedings under Sections 420 and 406 I.P.C. cannot run jointly in view of the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248.

4. Per contra, learned A.G.A. vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicants are disputed question of facts which cannot be considered, at this stage. On perusal of F.I.R. and other material evidence collected by the I.O. prima facie, offence is made out against the applicants.

5. Considering the argument raised by counsel for the applicant and perused the record. Since the trial court took cognizance and issued summon against the applicants under Sections 420 and 406 I.P.C. jointly, in view of judgment of Hon. Apex Court in the case of Delhi Race Club (supra), both proceedings cannot run simultaneously.

6. In view of the aforesaid judgement of Apex Court in Delhi Race Club (supra), the application is disposed of with direction that if the applicant moves discharge application within a period of three weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks, in accordance with law.

7. Till then no coercive action shall be taken against the applicants in the aforesaid case.

August 28, 2025

Meenu Singh