Vishal Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vishal Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer to quash declined; application disposed of with directions: applicant may move 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 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 proceeding arising out of Case Crime No. 58 of 2025, including the impugned charge-sheet dated 28.06.2025 and the cognizance/summoning order dated 02.08.2025 passed by the Chief Judicial Magistrate, Bulandshahr, should be quashed pursuant to the applicant's prayer 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 applicant.

Ratio / Principle

All submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court.

Key takeaways

This quashing power is to be exercised only in cases where the Court finds failure of justice or abuse of procedure, to prevent the abuse of process and secure the ends of justice.ratio¶13
The prayer for quashing the proceeding is declined.ratio¶14
In the interest of justice, if the applicant moves an application for discharge 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

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 80), Nand Prabha Shukla, J.; APPLICATION U/S 528 BNSS No. - 34657 of 2025; decided October 30, 2025. Vishal Yadav (applicant; counsel Rohit Kumar Sharma) applied to quash the entire proceeding arising out of Case Crime No. 58 of 2025, under Sections 74, 351(2), 70(1) of BNS, Police Station-Ramghat, District Bulandshahr, including the impugned charge-sheet dated 28.06.2025 and the cognizance/summoning order dated 02.08.2025 passed by the Chief Judicial Magistrate, Bulandshahr in Case No. 9319 of 2025 (State vs. Vishal Yadav and another); opposite parties: State of U.P. and Another (G.A.). Held: from the material on record, at this stage it cannot be said that no offence is made out against the applicant; the submissions at the bar raise disputed questions of fact which the Court cannot adjudicate, the Section 528 BNSS power being exercisable only where there is failure of justice or abuse of procedure. Accordingly the quashing prayer was declined and the application was disposed of with directions: a discharge application moved through counsel within 30 days shall be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter, and for 30 days or till its disposal, whichever is earlier, no coercive measures shall be taken against the applicant.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34657 of 2025

Vishal Yadav

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Rohit Kumar Sharma
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

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 allow the present application and quash the entire proceeding including the impugned charge-sheet dated 28.06.2025 as well as cognizance/summoning order dated 02.08.2025 passed by learned Chief Judicial Magistrate, Bulandshahr in Case No. 9319 of 2025 (State vs. Vishal Yadav and another) arising out of Case Crime No. 58 of 2025, under Sections 74, 351(2), 70(1) of BNS, Police Station-Ramghat, DistrictBulandshahr pending in the Court of learned Chief Judicial Magistrate, Bulandshahr.

It has been submitted by learned counsel for the applicant submits that the opposite party No. 2/victim is a major widow lady, aged about 35 years and has falsely implicated the applicant.

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.

NA528 No. 34657 of 2025

2

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 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 .

October 30, 2025 Aditya Tripathi

(Nand Prabha Shukla,J.)

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