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

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

What the court decided

AI extract

Outcome

Prayer for quashing refused; however, applicant permitted to file a discharge application through counsel within three weeks, to be disposed of by the trial court by a reasoned and speaking order within two weeks thereafter, with no coercive action against the applicant till its disposal.

Issue for consideration

Whether the entire proceedings, the impugned charge-sheet dated 27.08.2024 and cognizance order dated 17.10.2024 in Case No. 71227 of 2024 (arising out of Case Crime No. 143 of 2024, Section 197(2) B.N.S., Police Station Aurai, District Bhadohi) should be quashed under Section 528 BNSS.

Court's answer

On the material on record it cannot, at this stage, be said that no offence is made out against the applicant; the submissions raised at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court under Section 528 BNSS.

Ratio / Principle

The power under Section 528 BNSS may be exercised only where the Court finds failure of justice or misuse of judicial mechanism or procedure, to prevent abuse of process or miscarriage of justice.

Key takeaways

If the applicant moves a discharge application through counsel within three weeks, the trial court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter.ratio¶10
No coercive action shall be taken against the applicant till the disposal of the discharge application.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nand Prabha Shukla, J.), order dated 27.1.2025: Application under Section 528 BNSS (No. 42075 of 2024) by Gorakh alias Altaf seeking quashing of the entire proceedings, charge-sheet dated 27.08.2024 and cognizance order dated 17.10.2024 in Case No. 71227 of 2024 arising out of Case Crime No. 143 of 2024 under Section 197(2) B.N.S., Police Station Aurai, District Bhadohi. Prayer refused: the submissions raise disputed questions of fact not adjudicable under Section 528 BNSS, that power being exercisable only where there is failure of justice or misuse of judicial mechanism/procedure to prevent abuse of process or miscarriage of justice. Applicant given liberty to move a discharge application through counsel within three weeks, to be decided by the trial court by a reasoned, speaking order within two weeks thereafter; no coercive action against the applicant till its disposal. Application disposed of accordingly.

Neutral Citation No. - 2025:AHC:13836

Court No. - 83

Case :- APPLICATION U/S 528 BNSS No. - 42075 of 2024

Applicant :- Gorakh Alias Altaf Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Mishra,Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application under section 528 BNSS has been filed for quashing the entire proceedings as well as impugned charge-sheet dated 27.08.2024 and cognizance order dated 17.10.2024 in Case No. 71227 of 2024 (State Vs. Mohd. Sahil @ Badshah and others), arising out of Case Crime No. 143 of 2024, under Section 197(2) of B.N.S., Police Station- Aurai, District Bhadohi.

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 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.

Accordingly, prayer of the applicant is refused.

However, in view of the submissions, it is provided that in case the applicant move an application for discharge through counsel within three weeks, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter.

Till the disposal of the discharge application, no coercive action shall be taken against the applicant.

With the aforesaid direction, this application is disposed of.

Order Date :- 27.1.2025 Nitika Sri.

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