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

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

What the court decided

AI extract

Outcome

Prayer to quash the proceedings and summoning order was refused; however, the Court directed that a bail application moved within 30 days be considered and disposed of expeditiously per Satender Kumar Antil (2021) 10 SCC 773, and that no coercive action be taken against the applicants for 30 days or until such bail application, whichever is earlier.

Issue for consideration

Whether the entire proceedings and the summoning order dated 27.08.2024 passed in Case No. 2568 of 2023 under Sections 406 and 506 IPC should be quashed under Section 528 BNSS.

Court's answer

On the material on record, it cannot be said at this stage that prima facie no offence is made out against the applicants; therefore no interference is required with the proceedings.

Ratio / Principle

Submissions relating to disputed questions of fact cannot be adjudicated under Section 528 BNSS; that power may be exercised only where there is failure of justice or misuse of judicial mechanism or procedure, or where a sentence or order was not correct, to prevent abuse of process or miscarriage of justice.

Key takeaways

If the applicants apply 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¶12
For 30 days from the date of the order, or till the applicants apply for bail before the court concerned, whichever is earlier, no coercive action shall be taken against them in Case No. 2568 of 2023.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) refused to quash under Section 528 BNSS the proceedings and summoning order dated 27.08.2024 of the Upper Civil Judge (J.D.)/Judicial Magistrate, Chhibramau, Kannauj in Case No. 2568 of 2023 (Sections 406 and 506 IPC, P.S. Vishungarh, District-Kannauj, Veerpal Vs. Shilendra Singh and others), holding that prima facie an offence was made out and that disputed questions of fact are beyond adjudication under Section 528 BNSS, exercisable only to prevent failure of justice, misuse of process or miscarriage of justice. Interim relief granted: no coercive action for 30 days or till a bail application is filed, whichever is earlier, with any such application to be decided expeditiously in light of Satender Kumar Antil vs. CBI, (2021) 10 SCC 773. Application disposed of on October 8, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35413 of 2025

Akhilesh Kumar And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Arun Kumar Sharma, Zafar Ali
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

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 preferred to quash the entire proceedings as well as summoning order dated 27.08.2024 passed by Upper Civil Judge (J.D.)/Judicial Magistrate, Chhibramau, Kannauj in Case No. 2568 of 2023, under Sections 406 and 506 IPC, Police Station-Vishungarh, District-Kannauj, as Veerpal Vs. Shilendra Singh and others.

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 applicants. 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 applicants is refused.

However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply 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

NA528 No. 35413 of 2025

2

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 applicants in Case No. 2568 of 2023, under Sections 406 and 506 IPC, Police Station-Vishungarh, District-Kannauj.

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

October 8, 2025 Shivani

(Nand Prabha Shukla,J.)

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