Allahabad High Court
Ajay Kumar Sharma vs State Of U.P. on 14 May, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:112001
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10137 of 2026
Ajay Kumar Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Akash Tomar, Arpit Kumar, Vijay Vikram Singh
Counsel for Opposite Party(s)
:
G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. The petition is filed with the following prayers:-
"I. Quash the Charge-sheet dated 12.06.2024 under section 13 (1) (B) and 13 (2) Prevention of Corruption (Amendment 2018), Act 1988, against the applicant, arising out to Case Crime No. 830 of 2020, Police Station: Baghpat, District: Baghpat, pending in Court of Additional District and Session Judge/Special Judge Prevention of Corruption Act, Meerut.
II. Quash the Cognizance/Summoning Order dated 11.07.2024 passed by the Additional District and Session Judge/ Special Judge Prevention of Corruption Act, Meerut, in Case No. 852 of 2024 (State vs. Ajay Kumar Sharma) under section 13 (1) (B) and 13 (2) Prevention of Corruption (Amendment 2018), Act 1988, against the applicant, arising out to Case Crime No. 830 of 2020, Police Station: Baghpat, District: Baghpat.
III. Quash the entire proceedings of Criminal Case No. 852 of 2024 (State vs. Ajay Kumar Sharma) under section 13 (1) (B) and 13 (2) Prevention of Corruption (Amendment 2018), Act 1988, against the applicant, arising out to Case Crime No. 830 of 2020, Police Station: Baghpat, District: Baghpat, pending in the Court of Additional District and Session Judge/Special Judge Prevention of Corruption Act, Meerut.
IV. Stay the further proceedings of Criminal Case No. 852 of 2024 (State vs. Ajay Kumar Sharma) under section 13 (1) (B) and 13 (2) Prevention of Corruption (Amendment 2018), Act 1988, against the applicant, arising out to Case Crime No. 830 of 2020, Police Station: Baghpat, District: Baghpat.
V. Quash the order dated 17.05.2025 passed by the Additional District and Session Judge/Special Judge Prevention of Corruption Act, in Criminal Case No. 852 of 2024 (State vs. Ajay Kumar Sharma) under section 13 (1) (B) and 13 (2) Prevention of Corruption (Amendment 2018), Act 1988, against the applicant, arising out to Case Crime No. 830 of 2020, Police Station: Baghpat, District: Baghpat. By means of which Non-Bailable warrants have been issued against the applicant.
VI. In further prayed that no coercive action may be taken against the applicant, during the pendency of the present application before this Hon'ble Court, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
2. Learned counsel for the applicant submits that applicant was working on the post of Non-Medical Assistant and since has retired. It is further submitted by learned counsel for the applicant that although applicant have objections to the charge sheet, however, liberty may be granted to the applicant to prefer discharge application before the court concerned. It is further submitted by learned counsel for the applicant that non-bailable warrant order has been issued against the applicant although no warrants were served and submits that applicant is ready to appear before the trial court within three weeks.
3. In view of the statement made by learned counsel for the applicant, non-bailable warrant order issued against the applicant shall be kept in abeyance for a period of three weeks in order to enable the applicant to appear before the trial court.
4. In the event applicant does not appear before the trial court within the aforesaid period, the non-bailable warrant order against the applicant may be executed in accordance with law. Insofar as discharge application is concerned, applicant would be at liberty to prefer discharge application in accordance with law before the trial court which shall be considered by the trial court in accordance with law.
5. With the aforesaid observation/direction, the present application under Section 528 BNSS is disposed of.
(Vikram D. Chauhan,J.) May 14, 2026 VMA