Sunil Kumar @ Ramu and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sunil Kumar @ Ramu and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer to quash Complaint Case No. 283 of 2019 (S.427 IPC), its summoning order dated 29.04.2024 and NCB dated 11.06.2024 refused; however, bail applications filed by the applicants within 30 days to be considered and disposed of expeditiously in the light of law laid down in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, and no coercive measures against the applicants for 30 days or till a bail application is filed.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 283 of 2019 (Keshav Dayal v. Sunil Kumar and others) under Section 427 IPC, Police Station Airava Katara, District Auraiya, together with the summoning order dated 29.04.2024 and the NCB dated 11.06.2024, should be quashed under Section 528 BNSS. +1 more

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 applicants; all submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS.

Ratio / Principle

The inherent power under Section 528 BNSS may be exercised only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, or that the sentence or order was not correct, so as to prevent abuse of process or miscarriage of justice.

Key takeaways

Since the case turned on disputed questions of fact and no failure of justice or misuse of mechanism was found, no interference was called for and accordingly the applicants' prayer to quash the proceedings, summoning order and NCB was refused.ratio¶10
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. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.ratio¶11
For a period of 30 days from the date of this order, or till the applicants apply for bail before the court concerned, whichever occurs earlier, no coercive measures shall be taken against the applicants.

Detailed headnote1 paragraphs

Allahabad High Court (single bench: Hon'ble Nand Prabha Shukla, J.; decision dated 10-11-2025): APPLICATION U/S 528 BNSS No. 37513 of 2025 by Sunil Kumar @ Ramu and 3 others (counsel Vipin Kumar Narauriya) against State of U.P. and Another, praying to quash the entire proceedings of Complaint Case No. 283 of 2019 (computerized Case No. 5001489/2019; Keshav Dayal v. applicants) under Section 427 IPC, Police Station Airava Katara, District Auraiya, along with the summoning order dated 29.04.2024 and NCB dated 11.06.2024 passed by Civil Judge (J.D.)/Judicial Magistrate, Auraiya. Prayer REFUSED: the Court held that prima facie an offence cannot be excluded and the submissions related only to disputed questions of fact not adjudicable under Section 528 BNSS, whose exercise is reserved for cases of failure of justice, misuse of judicial mechanism/procedure, or incorrect sentence/order, to prevent abuse of process or miscarriage of justice. Protective directions: any bail application filed within 30 days to be considered and disposed of expeditiously in the light of law laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773; no coercive measures against the applicants for 30 days from the date of judgment or till a bail application is filed, whichever is earlier. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37513 of 2025

Sunil Kumar @ Ramu And 3 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Vipin Kumar Narauriya
Counsel for Opposite Party(s)	:	G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants and learned AGA for the State.

The present application under Section 528 BNSS has been filed with a prayer to quash the entire proceeding of Complaint Case No. 283 of 2019 computerized Case No. 5001489/2019 (Keshav Dayal v. Sunil Kumar and others), under Section 427 IPC, Police Station-Airava Katara, DistrictAuraiya along with the impugned summoning order dated 29.04.2024 as well as NCB dated 11.06.2024 passed by Civil Judge (J.D.)/ Judicial Magistrate, Auraiya.

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 BNSS. 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

NA528 No. 37513 of 2025

2

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, no coercive measures shall be taken against the applicants.

With the above observations, this application under Section 528 BNSS is disposed of.

(Nand Prabha Shukla,J.)

November 10, 2025 Aditya Tripathi

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