Dilip Kumar Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Dilip Kumar Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; application disposed of with directions: liberty to apply for bail within 45 days (to be considered expeditiously); liberty to move a discharge application within 45 days (to be decided by reasoned speaking order within two weeks thereafter); no coercive measures for 45 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceeding of Case No. 25203 of 2024 (State Vs. Surjeet and others) arising out of Case Crime No. 61 of 2024 under sections 498-A, 323, 506, 341 IPC, together with the charge sheet dated 09.03.2024 and the cognizance order dated 16.05.2024, is liable to be quashed under Section 528 BNSS. +1 more

Court's answer

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

Ratio / Principle

At this stage it cannot be said that no offence is made out against the applicant; the submissions raised disputed questions of fact which cannot be adjudicated upon by this Court, the inherent power being exercisable only where there is failure of justice or abuse of procedure/process.

Key takeaways

If the applicant is not on bail, on his appearance or surrender through counsel before the Trial Court with a bail application within 45 days from the date of the order, the same shall be considered and disposed of expeditiously after hearing the other side.ratio¶14
If the applicant moves a discharge application 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¶18

Detailed headnote1 paragraphs

Quashing application under Section 528 BNSS against proceedings in Case No. 25203 of 2024 (State Vs. Surjeet and others) arising out of Case Crime No. 61 of 2024 under sections 498-A, 323, 506, 341 IPC, P.S. Gida, District Gorakhpur, and against charge sheet dated 09.03.2024 and cognizance order dated 16.05.2024 passed by the learned J.M. IIIrd, Gorakhpur — Held: on the material on record it cannot be said at this stage that no offence is made out against the applicant; the submissions raised disputed questions of fact which cannot be adjudicated by the High Court, the power to quash being available only where there is failure of justice or abuse of procedure to secure the ends of justice; prayer for quashing declined. However, the applicant was given 45 days to appear/surrender and apply for bail (to be considered expeditiously) or to move a discharge application (to be decided by a reasoned and speaking order within two weeks), with no coercive measures in the interregnum. Application disposed of. (Nand Prabha Shukla, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18932 of 2026

Dilip Kumar

.....Applicant(s)

Versus

State Of U.P. And 2 Others

	.....Opposite Party(s)
Counsel for Applicant(s)	: Vivek Singh Shrinet
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Vivek Singh Shrinet, 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 to quash the entire proceeding of Case No. 25203 of 2024 (State Vs. Surjeet and others) arising out of Case Crime No. 61 of 2024 under sections 498-A, 323, 506, 341 IPC Police Station Gida, District Gorakhpur as well as Charge Sheet dated 09.03.2024 and the Cognizance order dated 16.05.2024 passed by the learned J.M. IIIrd, Gorakhpur.

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.

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

NA528 No. 18932 of 2026

2

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 7, 2026 Puspendra

(Nand Prabha Shukla,J.)

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad