Uttam Kumar Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Uttam Kumar Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for quashing declined; however, the applicant may file a discharge application through counsel within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereof; no coercive measures for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the pending criminal case against the applicant (Criminal Case No. 22154/9 of 2024, arising out of Case Crime No. 123 of 2024 under Sections 420, 467, 468, 471 IPC) should be quashed under Section 528 BNSS. +1 more

Court's answer

On perusal of the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicant.

Ratio / Principle

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated by this Court in a quashing application.

Key takeaways

The power invoked may be exercised only in cases where there has been failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶11
The prayer for quashing the criminal case is declined.ratio¶12
In the interest of justice, if the applicant moves a discharge application through counsel at the appropriate stage within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), September 10, 2025 - Application under Section 528 BNSS No. 16561 of 2025 (Uttam Kumar v. State of U.P. and Another) seeking quashment of Criminal Case No. 22154/9 of 2024 arising out of Case Crime No. 123 of 2024 under Sections 420, 467, 468, 471 IPC, Police Station Civil Lines, District Muzaffar Nagar, on the claim of false implication and non-involvement in forgery. Held: on the material on record it cannot at this stage be said that no offence is made out; the submissions raised disputed questions of fact incapable of adjudication by the Court, and the quashing power is confined to cases of failure of justice or abuse of procedure. Prayer for quashing declined. Directed: discharge application moved through counsel within 30 days to be disposed of by the Trial Court by reasoned and speaking order within two weeks; no coercive measures for 30 days or till disposal of the discharge application, whichever earlier. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16561 of 2025

Uttam Kumar

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Anand Kumar, Vinod Kumar Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The present application under Section 528 BNSS has been filed with a prayer to quash the Criminal Case No. 22154/9 of 2024 (State v. Uttam Kumar) arising out of Case Crime No. 123 of 2024 U/s 420, 467, 468, 471 IPC, Police Station Civil Lines, District Muzaffar Nagar.

It has been submitted by learned counsel for the applicant that he has been falsely implicated and was not involved in committing any forgery in the alleged document.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice.

Accordingly, prayer for quashing is declined.

However, in the interest of justice, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court

NA528 No. 16561 of 2025

2

by a reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of.

(Nand Prabha Shukla,J.)

September 10, 2025

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad