HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32207 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for parties. 2. Present application has been preferred with prayer to quash order dated 23.4.2026 passed by learned Special Judge (SC/ST Act), Jalaun at Orai in Session Trial no. 11 of 2022 (State of U.P. vs. Rajesh and others) arising out of Case Crime no. 0644 of 2021 under sections 379, 411, 413, 414, 420, 467, 468, 471 IPC, PS- Kotwali Orai, District Jalaun. 3. Learned counsel for applicant submitted that applicant preferred an application before learned court concerned for seeking time to file discharge application but the same has been declined vide impugned order dated 23.4.2026 and on the same date charges have been framed in Session Trial no. 11 of 2022 (State of U.P. vs. Rajesh and others) by learned Additional District and Sessions Judge/Special Judge (SC/ST Act), Jalaun at Orai. 4. Learned counsel for applicant contended that impugned order is illegal and arbitrary. The reasoning recorded by learned court concerned while passing impugned order that matter is pending since 2022 but discharge application has not been preferred, is not sustainable in the eye of law, since there is no limitation prescribed in the statute to prefer discharge application and as such impugned order is liable to be quashed and set aside along with charge framing order. 5. Learned AGA although opposed the prayer sought through instant Versus Counsel for Applicant(s) : Dhirendra Singh Rajput Counsel for Opposite Party(s) : G.A. Manish Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) application but could not dispute the aforesaid arguments raised at the behest of learned counsel for applicant. 6. Without interfering into the merit of the matter, considering the statutory rights available with the applicant although the same has not been exercised within the legitimate period since it has been recorded by learned court concerned that the file was pending since 7.1.2022 at the stage of framing of charges but the application has been preferred on dated 23.4.2026 for seeking some more time for preferring discharge application and the applicant unnecessarily wasted 4 years of time by way of not filing any discharge application, although, there are ample reasons available through which it has been transpired that it is the deliberate action initiated at the behest of applicant for delaying the trial by way of not preferring any application for seeking discharge but at the same time it is not mentioned in the procedure that the discharge has to be preferred within limitations and as such one more opportunity is hereby extended in favour of applicant for preferring discharge application within 20 days from today and the same shall be decided within a week thereafter. 7. Impugned order dated 23.4.2026 passed in Session Trial no. 11 of 2022 through which prayer for extension of time for preferring discharge application has been rejected as well as order through which charges have been framed are hereby set aside qua applicant herein. 8. The instant application u/s 528 BNSS stands partly allowed. However, it is made clear that after expiry of the time as extended above in favour of applicant as well as the time for disposing the discharge application, the charges may be framed, if required, immediately thereafter. September 8, 2026 Shaswat NA528 No. 32207 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad