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

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

What the court decided

AI extract

Outcome

Quashing declined; however, applicant may move a discharge application through counsel within 30 days, to be decided by the Trial Court by a reasoned and speaking order within two weeks thereafter; no coercive measures against the applicant for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Case No. 6922 of 2022 (State v. Sunil Kumar) arising out of Case Crime No. 76 of 2021 under Sections 420, 467, 468, 471 IPC ought to be quashed under Section 528 BNSS. +1 more

Court's answer

Prayer for quashing the proceedings is declined.

Ratio / Principle

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.

Key takeaways

The submissions at the bar relate to disputed questions of fact which cannot be adjudicated by this Court; the power may be exercised only where there is failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶11
If the applicant moves an application for discharge through counsel within 30 days, the Trial Court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter.ratio¶16

Detailed headnote1 paragraphs

Quashing under S.528 BNSS refused — APPLICATION U/S 528 BNSS No. 17600 of 2025, High Court of Judicature at Allahabad (Nand Prabha Shukla, J.), September 10, 2025 — Applicant sought quashing of the entire proceedings of Case No. 6922 of 2022 (State v. Sunil Kumar) arising out of Case Crime No. 76 of 2021 under Sections 420, 467, 468, 471 IPC, Police Station Ahmadgarh, District Bulandshahar, pleading false implication amid a pending civil dispute — Held: on the material on record it cannot, at this stage, be said that no offence is made out; the submissions relate to disputed questions of fact which cannot be adjudicated by the Court; the power may be exercised only where there is failure of justice or abuse of procedure — prayer for quashing declined — however, if the applicant moves a discharge application through counsel within 30 days, the Trial Court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter — no coercive measures for 30 days or till disposal of the discharge application, whichever is earlier — application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 17600 of 2025

Sunil Kumar

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Navin Kumar, Sudhir Mehrotra
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

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

The present application under Section 528 BNSS has been filed with a prayer to quash the entire proceedings of Case No. 6922 of 2022 (State v. Sunil Kumar) arising out of Case Crime No. 76 of 2021 under Sections 420, 467, 468, 471 IPC, Police Station Ahmadgarh, District Bulandshahar.

It has been submitted by learned counsel for the applicant that the applicant has been falsely implicated on the basis of false and concocted story with an ulterior motive as a civil dispute between the parties is pending.

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

NA528 No. 17600 of 2025

2

counsel 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.

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