Satvant Chauhan vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Satvant Chauhan vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Main prayer for stay of proceedings, summoning order dated 02.02.2022 and charge sheet dated 26.02.2021 refused; however, the applicant is directed to be protected: if he applies for bail within 30 days it shall be disposed of expeditiously per Satender Kumar Antil (2021) 10 SCC 773, and no coercive action shall be taken against him for 30 days or till the bail application is filed, whichever is earlier.

Issue for consideration

Whether the High Court, exercising jurisdiction under Section 528 BNSS, should stay the further proceedings pursuant to the summoning order dated 02.02.2022 and stay the charge sheet dated 26.02.2021 in Case Crime No. 43 of 2021 against the applicant.

Court's answer

On the material on record, at this stage it cannot be said that prima facie no offence is made out against the applicant.

Ratio / Principle

All submissions advanced relate to disputed questions of fact which cannot be adjudicated by this Court under Section 528 BNSS; therefore no interference is required.

Key takeaways

The power under Section 528 BNSS may be exercised only where the Court finds failure of justice or misuse of judicial mechanism or procedure (or incorrect sentence/order), to prevent abuse of process or miscarriage of justice.ratio¶¶11
If the applicant applies for bail before the concerned court within 30 days, the bail application shall be considered and disposed of expeditiously in the light of the law laid down by the Apex Court in Satender Kumar Antil vs. CBI, (2021) 10 SCC 773.ratio¶¶15
For a period of 30 days from the date of the order, or till the applicant applies for bail before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in Criminal Case No. 327 of 2022 arising out of Case Crime No. 43 of 2021.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS filed by Satvant Chauhan seeking stay of further proceedings pursuant to the summoning order dated 02.02.2022 passed by the Chief Judicial Magistrate, Mau in Criminal Case No. 327 of 2022 (State Vs. Satvant Chauhan), arising out of Case Crime No. 43 of 2021, Section 406 IPC, Police Station Ghosi, District Mau, and stay of the charge sheet dated 26.02.2021. HELD: (i) on the record, prima facie commission of an offence against the applicant cannot be ruled out at this stage; (ii) the submissions raised disputed questions of fact which cannot be adjudicated under Section 528 BNSS; (iii) the power under Section 528 BNSS is exercisable only in cases of failure of justice or misuse of judicial mechanism or procedure, to prevent abuse of process or miscarriage of justice; accordingly no interference was called for and the prayer was refused. However, if the applicant applies for bail before the concerned court within 30 days, the application shall be considered and disposed of expeditiously in the light of Satender Kumar Antil vs. Central Bureau of Investigation, (2021) 10 SCC 773; and for 30 days or till filing of the bail application, whichever is earlier, no coercive action shall be taken against the applicant in the said criminal case.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 32492 of 2025

Satvant Chauhan

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Rohit Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Surendra Kumar Singh, holding brief of Sri Rohit Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been preferred to stay the further proceeding as well as summoning order dated 02.02.2022 passed by Chief Judicial Magistrate, Mau in Criminal Case No. 327 of 2022 (State Vs. Satvant Chauhan) arising out of Case Crime No. 43 of 2021, under Section 406 IPC, Police Station-Ghosi, District-Mau, pending in the court of Chief Judicial Magistrate, Mau, during the pendency of the present application under Section 528 BNSS, 2023 and to stay the charge sheet dated 26.02.2021 in Case Crime No. 43 of 2021, under Section 406 IPC, Police Station-Ghosi, District-Mau, pending in the Court of Chief Judicial Magistrate, Mau.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie 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 under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required.

Accordingly, prayer of the applicant is refused.

NA528 No. 32492 of 2025

2

However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in Criminal Case No. 327 of 2022 (State Vs. Satvant Chauhan) arising out of Case Crime No. 43 of 2021, under Section 406 IPC, Police Station-Ghosi, District-Mau.

With the above observations, this application under Section 528 B.N.S.S. is disposed of .

September 4, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad