Naresh Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Naresh Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer declined; applicants 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; interim protection that no coercive measures shall be taken against the applicants for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 293 of 2024, charge-sheet No. 224 of 2024 dated 26.06.2024, and the cognizance order dated 07.11.2024 arising out of Case Crime No. 308 of 2024 under Sections 363, 366 IPC should be quashed under Section 528 BNSS.

Court's answer

On the material on record, at this stage it cannot be said that no offence is made out against the applicants; the submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

The power to quash may be exercised only in cases where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

The prayer for quashing the proceedings is declined.ratio¶11
If the applicants move a discharge application at an appropriate stage 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¶12
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.ratio

Detailed headnote1 paragraphs

Application under Section 528 BNSS before the Allahabad High Court (Nand Prabha Shukla, J.) seeking quashing of the entire proceedings of Criminal Case No. 293 of 2024, charge-sheet No. 224 of 2024 dated 26.06.2024, and the cognizance order dated 07.11.2024 of the ACJM, IIIrd, District-Aligarh, arising out of Case Crime No. 308 of 2024 under Sections 363, 366 IPC, Police Station Iglas, District Aligarh. Held: on the material on record it cannot be said that no offence is made out against the applicants; the submissions raised disputed questions of fact incapable of adjudication by the High Court, quashing power being exercisable only on failure of justice or abuse of procedure. Prayer for quashing declined. Applicants permitted to move a discharge application within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter; no coercive measures for 30 days or till disposal of the discharge application, whichever is earlier. Application disposed of on September 4, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 32499 of 2025

Naresh

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Anuj Kumar Gupta
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 BNSS has been filed with a prayer to quash the entire proceedings of Criminal Case No. 293 of 2024 and charge-sheet No. 224 of 2024 dated 26.06.2024 arising out of Case Crime No. 308 of 2024 under Sections 363, 366 IPC, Police station Iglas, District Aligarh as well as Cognizance Order dated 07.11.2024 passed by ACJM, IIIrd, District-Aligarh.

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 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.

NA528 No. 32499 of 2025

2

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 4, 2025

Aditya Tripathi

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