Chandrashekhar Patel vs State Of U.P. And Another
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Allahabad High Court

Chandrashekhar Patel vs State Of U.P. And Another on 1 September, 2025

Author: Deepak Verma

Bench: Deepak Verma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:153148
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 9850 of 2025   
 
   Chandrashekhar Patel    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Jaishankar Prasad Tyagi, Lallan Chaubey, Sonu Nirmal   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 72
 
   
 
 HON'BLE DEEPAK VERMA, J.     

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

2. The present application u/s 528 BNSS has been filed with prayer to quash the Charge Sheet dated 09.01.2019; as well as entire proceedings of Case Crime No.0630 of 2018, under Sections 420, 406 IPC, P.S. Rohaniya. District Varanasi.

3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the FIR 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 applicant. 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 AGA vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant are disputed question of facts which cannot be considered, at this stage. On perusal of FIR and other material evidence collected by the I.O. prima facie, offence is made out against the applicant.

5. Considering the argument raised by applicant's counsel and perused the record. Since the trial court took cognizance and issued summon against the applicant under sections 420 & 406 I.P.C. jointly, in view of the 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 two 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 applicant in the aforesaid case.

(Deepak Verma,J.)

September 1, 2025

SKD