HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16760 of 2026 Court No. - 73 HON'BLE VIKRAM D. CHAUHAN, J. 1. This application has been filed by applicants for quashing the entire proceedings of Special Session Trial No.127 of 2022, State of U.P. Vs. Happy Singh @ Shiv Pratap Singh and others, as well as charge sheet dated 21.2.2022 along with cognizance order dated 24.2.2022 in Case Crime No.232 of 2021, under Sections 366, 504, 506, 120B I.P.C. and Section 3(2)(v) of S.C./S.T. (P.A.) Act, Police Station Kalyanpur, District Fatehpur pending in the court of Additional Sessions Judge/Special Judge, S.C./S.T. Act, Fatehpur. 2. It is submitted by learned counsel for the applicant that initially a first information report was lodged against the applicants under Sections 366, 504, 506, 120B I.P.C. and Section 3(2)(v) of S.C./S.T. (P.A.) Act. The victim was missing, as a result of the same, a habeas corpus petition was filed wherein this Court by order dated 5.2.2024 directed the C.B.I. to investigate the matter and to recover the corpus and submit its report. The C.B.I. investigated the matter on the mandate of recovery of the corpus and thereafter, submitted its report before the trial court. As per the C.B.I., the corpus could not be recovered and, therefore, a final report has been submitted. The police has submitted a charge sheet against the applicant and, therefore, the effect of the final report submitted by C.B.I. is required to be considered by the court concerned. 3. Learned counsel for the C.B.I. submits that the investigation of the C.B.I. was to the extent of recovery of the corpus as has been directed by Versus Counsel for Applicant(s) : Amit Kumar Srivastava Counsel for Opposite Party(s) : G.A., Rahul Srivastava Rahi Singh @ Arjun Singh And Another .....Applicant(s) Central Bureau Of Investigation And 2 Others .....Opposite Party(s) this Court by order dated 5.2.2024 and the merits of the investigation has not been touched upon by C.B.I. 4. At this stage, learned counsel for the applicants submits that he may be permitted to file a discharge application before the court concerned and the court concerned may be directed to consider the police report as well as final report in terms of the law laid down by Supreme Court in the case of Vinay Tyagi Vs. Irshad Ali alias Deepak and others, 2013 (5) SCC 762 and Luckose Zachariah @ Zak Nedumchira Luke and others Vs. Joseph Joseph and others, 2022 (120) ACC 299. 5. In view of the facts and circumstances of the case, the present application is disposed of with liberty to the applicants to file discharge application before the court concerned. In the event discharge application is filed, the same shall be decided in accordance with law and in terms of the law laid down by Supreme Court in the cases of Vinay Tyagi Vs. Irshad Ali alias Deepak and others (supra) and Luckose Zachariah @ Zak Nedumchira Luke and others Vs. Joseph Joseph and others after hearing all the parties concerned. May 6, 2026 Bhaskar NA528 No. 16760 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad