Haseeb @ Imran Khan and 6 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2026)

Haseeb @ Imran Khan and 6 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Quashing declined in respect of applicant No. 1, with protective directions: bail application within 45 days of appearance/surrender to be decided expeditiously; discharge application within 45 days to be decided by reasoned and speaking order within two weeks; no coercive measures for 45 days or till disposal of the discharge application, whichever is earlier. As regards applicant Nos. 2 to 7, notice issued to opposite party No. 2 (counter affidavit four weeks, rejoinder two weeks, listed 21.07.2026) and proceedings against them directed to remain in abeyance until further orders.

Issue for consideration

Whether the charge sheet No. 08/2025 dated 16-01-2025, the cognizance order dated 05-03-2025 and the entire proceedings of Case No. 140 of 2025 against the applicants ought to be quashed under Section 528 B.N.S.S. +1 more

Court's answer

At this stage it cannot be said that no offence is made out against applicant No. 1; all submissions relate to disputed questions of fact which cannot be adjudicated by this Court.

Ratio / Principle

Prayer for quashing is declined.

Key takeaways

The power to quash may be exercised only where there is failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.obiter¶13
If applicant No. 1 is not on bail and appears or surrenders through counsel before the Trial Court and applies for bail within 45 days, the bail application shall be considered and disposed of expeditiously after hearing the other side.ratio¶15
If applicant No. 1 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.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nand Prabha Shukla, J.), in an application under Section 528 B.N.S.S., declined to quash charge sheet No. 08/2025 dated 16-01-2025 and cognizance order dated 05-03-2025 in Case No. 140 of 2025 (State Vs. Imran Khan and others), arising out of Case Crime No. 230 of 2024, Police Station-Bhognipur, District-Kanpur Dehat, under Sections 85, 115(2), 351(2), 127(2), 74 B.N.S & 3/4 of D.P. act, holding that the material on record did not show that no offence was made out against applicant No. 1 and that the submissions raised disputed questions of fact unfit for adjudication in quashing jurisdiction. Applicant No. 1 received protective directions: bail application within 45 days of appearance/surrender to be decided expeditiously; discharge application within 45 days to be decided by reasoned and speaking order within two weeks; and no coercive measures for 45 days or till disposal of the discharge application, whichever is earlier. Observing that only general and omnibus allegations were made against applicant Nos. 2 to 7, the Court issued notice to opposite party No. 2 (counter affidavit four weeks; rejoinder two weeks; listed 21.07.2026) and directed that proceedings against applicant Nos. 2 to 7 remain in abeyance until further orders.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2659 of 2026

Haseeb @ Imran Khan And 6 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s) Counsel for Opposite Party(s)	: Shailesh Singh Yadav : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Shailesh Singh Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been preferred to allow this application and quash the impugned charge sheet No. 08/2025 dated 16-01-2025 & cognizance order dated 05-03-2025 as well as entire proceeding of Case No. 140 of 2025 (State Vs. Imran Khan and others), under Sections 85, 115(2), 351(2), 127(2), 74 B.N.S & 3/4 of D.P. act, arising out of Case Crime No. 230 of 2024, Police Station-Bhognipur, District-Kanpur Dehat pending in the Court of learned Judicial Magistrate, Bhognipur, Kanpur Dehat.

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 No. 1. 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 No. 1 is not on bail, it is directed that if the applicant No. 1 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. 2659 of 2026

2

applicant No. 1 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 No. 1 in the aforesaid case.

With the aforesaid direction, this application is disposed of in respect to applicant No. 1.

As far as the applicant Nos. 2 to 7 are concerned, there are only general and omnibus allegations.

Issue notice to opposite party No. 2, returnable at an early date.

Opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List this case on 21.07.2026 in the daily cause list.

Until further orders, the proceedings against the applicant Nos. 2 to 7 in Case No. 140 of 2025 (State Vs. Imran Khan and others), under Sections 85, 115(2), 351(2), 127(2), 74 B.N.S & 3/4 of D.P. act, arising out of Case Crime No. 230 of 2024, Police Station-Bhognipur, District-Kanpur Dehat shall remain in abeyance.

April 28, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

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