Sayeed Anjum Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Sayeed Anjum Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of: prayer for quashing declined; however, (i) bail application made within 45 days upon appearance/surrender through counsel to be considered and disposed of expeditiously; (ii) discharge application moved within 45 days to be decided by the Trial Court by a reasoned and speaking order within two weeks thereafter; and (iii) no coercive measures against the applicant for 45 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the charge sheet dated 11.03.2025, the cognizance order dated 22.04.2025 and the entire proceedings of Criminal Case No. 4137 of 2025 arising out of Case Crime No. 358 of 2024 ought to be quashed 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; all submissions relate to disputed questions of fact which cannot be adjudicated upon by this Court, and the inherent power may be exercised only where there is failure of justice or abuse of procedure.

Ratio / Principle

The prayer for quashing the charge sheet, cognizance order and proceedings is declined.

Key takeaways

If the applicant is not on bail and appears or surrenders 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.ratio¶13
If the applicant moves 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¶16

Detailed headnote1 paragraphs

Application under Section 528 BNSS seeking quashing of charge sheet dated 11.03.2025, cognizance order dated 22.04.2025 and entire proceedings of Criminal Case No. 4137 of 2025 (arising out of Case Crime No. 358 of 2024 under Sections 85, 115(2), 352 B.N.S., 3/4 D.P. Act and 3/4 Muslim Women (Protection of rights on Marriage) Act, 2019, P.S. Alinagar, District Chanduali): HELD, on the material on record it cannot be said at this stage that no offence is made out; the submissions raised disputed questions of fact unfit for adjudication in inherent jurisdiction, which may be exercised only to prevent abuse of process or secure the ends of justice. Prayer for quashing declined and application disposed of with directions: bail application within 45 days of appearance/surrender to be decided expeditiously; discharge application within 45 days to be decided by a reasoned and speaking order within two weeks; and no coercive measures for 45 days or until disposal of the discharge application, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 17218 of 2026

Sayeed Anjum

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd. Asif
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Mohd. Asif, 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 Charge sheet dated 11.03.2025, cognizance order dated 22.04.2025 as well as entire proceedings of the Criminal Case No. 4137 of 2025, CNR No. UPCD040050452025 (State of U.P. Vs. Sayeed Anjum) arising out of Case Crime No. 358 of 2024 under Sections 85, 115(2), 352 of B.N.S., 3/4 of D.P. Act and 3/4 of the Muslim Women (Protection of rights on Marriage) Act, 2019, Police Station-Alinagar, District-Chanduali, pending in the Court of Civil Judge (J.D.)/F.T.C. 1st Chanduli.

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.

In case, the applicant is not on bail, it is directed that if the applicant appears or surrenders 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.

NA528 No. 17218 of 2026

2

However, in the interest of justice, it is further provided that in case the applicant moves 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 applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of.

May 5, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

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