Rishabh Kumar and 2 Others Vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

Rishabh Kumar and 2 Others Vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) if not on bail, applicants may appear/surrender through counsel and seek bail within 45 days, to be considered and disposed of expeditiously; (ii) discharge application through counsel within 45 days to be decided by the Trial Court by a reasoned and speaking order within two weeks thereafter; (iii) no coercive measures against the applicants for 45 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings in pursuance of the charge sheet dated 31.10.2025 and the order taking cognizance dated 07.01.2026 under Section 69 of B.N.S. and Section 4 D.P. Act against the applicants should be quashed.

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 by this Court.

Ratio / Principle

This Court's power may be exercised only in cases where there has been failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

Prayer for quashing the proceedings is declined.ratio¶4
If the applicants are not on bail, then upon their appearance or surrender through counsel before the Trial Court and an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously after giving opportunity to the other side.ratio¶14
If the applicants move an application for discharge at an appropriate stage through counsel within 45 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

Quashing under Section 528 BNSS refused. Application sought quashing of entire proceedings pursuant to charge sheet dated 31.10.2025 and cognizance order dated 07.01.2026 under Section 69 of B.N.S. and Section 4 D.P. Act in Criminal Case No. 142 of 2026 (arising out of Case Crime No. 133 of 2025, P.S. Kotwali, District Etawah). Held: on the record it cannot be said that no offence is made out; submissions raised disputed questions of fact not adjudicable in this jurisdiction, exercisable only on failure of justice or abuse of procedure. Prayer declined; application disposed of with liberty to apply for bail or discharge within 45 days and protection from coercive measures for 45 days or till disposal of the discharge application, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 11826 of 2026

Rishabh Kumar And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Rakesh Kumar Yadav
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 in pursuance of the impugned charge sheet dated 31.10.2025 and order taking cognizance dated 07.01.2026 under Section 69 of B.N.S. and Section 4 D.P. Act, against applicant no. 1 and under Section 4 D.P. Act, against applicant nos. 2 and 3 in Criminal Case No. 142 of 2026 (State versus Rishabh Kumar and Others) arising out of Case Crime No. 133 of 2025, Police Station-Kotwali, District-Etawah pending in the court of learned Chief Judicial Magistrate, Etawah.

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.

In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and makes an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side.

However, in the interest of justice, it is further provided that in case the

NA528 No. 11826 of 2026

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applicants move an application for discharge at an appropriate stage through counsel within 45 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 45 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.

March 25, 2026 SY

(Nand Prabha Shukla,J.)

Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad