HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9885 of 2026 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. Versus Counsel for Applicant(s) : Anil Kumar Jaiswal, Rajendra Pratap Singh Counsel for Opposite Party(s) : G.A., Shiv Kumar Yadav Girish And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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 NA528 No. 9885 of 2026 2 (Sanjiv Kumar,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad