Chandra Prakash Dubey and 5 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Chandra Prakash Dubey and 5 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with the quashing prayer declined; however, the applicants were granted liberty to 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, with a direction that no coercive measures be taken against them for 30 days or until disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 29620 of 2025 (State Vs. Chandra Prakash Dubey and others), arising out of Case Crime No. 0256 of 2024 under Sections 366, 420, 468, 471 IPC, Police Station Cantt., District Varanasi, should be quashed under Section 528 BNSS. +1 more

Court's answer

The prayer for quashing the criminal proceedings is declined.

Ratio / Principle

On a 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 applicants.

Key takeaways

The submissions made at the bar raise disputed questions of fact which this Court cannot adjudicate; the quashing power may be exercised only in cases of failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶10
In the interest of justice, if the applicants move 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.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposes of an application under Section 528 BNSS seeking quashing of the entire proceedings of Criminal Case No. 29620 of 2025 (State Vs. Chandra Prakash Dubey and others), arising out of Case Crime No. 0256 of 2024 under Sections 366, 420, 468, 471 IPC, Police Station Cantt., District Varanasi. Held that, on the material on record, it cannot presently be said that no offence is made out against the applicants; the contention that applicant no. 1 and the daughter of opposite party no. 2 are majors who intermarried raised disputed questions of fact unfit for adjudication in a quashing petition, the extraordinary power being confined to cases of failure of justice or abuse of process. Prayer declined, but the applicants may seek discharge within 30 days, to be decided by a reasoned, speaking order within two weeks; no coercive measures in the interim.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 31660 of 2025

Chandra Prakash Dubey And 5 Others

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

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

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

The present application under Section 528 B.N.S.S. has been filed with a prayer to quash the entire proceedings of Criminal Case No. 29620 of 2025, State Vs. Chandra Prakash Dubey and others, arising out of Case Crime No. 0256 of 2024, under Sections 366, 420, 468, 471 I.P.C., Police Station Cantt., District- Varanasi.

Learned counsel for the applicants submits that the applicants have been summoned on basis of false allegations.The applicant no. 1 and the daughter of the opp. party no. 2 are major and got married each other, hence, no offence is made out against the applicants.

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 applicants. 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

NA528 No. 31660 of 2025

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applicants move an application for discharge at an appropriate stage through 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 applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of.

(Nand Prabha Shukla,J.)

September 9, 2025

Gss

Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad