Brijpal and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Brijpal and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Principal prayer to quash declined. Directions issued: (i) if the applicants are not on bail and appear or surrender through counsel before the Trial Court and apply for bail within 45 days, the application shall be considered and disposed of expeditiously after hearing the other side; (ii) if the applicants move 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; (iii) no coercive measures shall be taken against the applicants for 45 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceeding of Case No. 50430 of 2025 (State Vs. Brijpal and others), arising out of the charge-sheet dated 15.06.2024 in Case Crime No. 123 of 2024 and the cognizance and summoning orders dated 07.03.2025, should be quashed.

Court's answer

On the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicants; the submissions at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

The power to quash may be exercised only in cases where the Court finds 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, charge-sheet, and cognizance and summoning orders is declined; the application is disposed of with protective directions.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) — Application under Section 528 BNSS (No. 47862 of 2025) by Brijpal and 2 others seeking quashing of the entire proceeding of Case No. 50430 of 2025 (State Vs. Brijpal and others), arising out of Charge-Sheet No. 149 of 2024 dated 15.06.2024 in Case Crime No. 123 of 2024 under Sections 323, 504, 506 IPC, Police Station Raya, District Mathura, and the cognizance and summoning orders dated 07.03.2025 pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 12, Mathura — HELD: Quashing declined; on the material on record it cannot be said that no offence is made out against the applicants, the submissions raising disputed questions of fact which cannot be adjudicated by the High Court, the power being exercisable only where there is failure of justice or abuse of procedure. Interim safeguards: on appearance/surrender through counsel, a bail application within 45 days to be considered and disposed of expeditiously; a discharge application within 45 days to be decided by a reasoned and speaking order within two weeks thereafter; no coercive measures for 45 days or till disposal of the discharge application, whichever is earlier. Decided January 13, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47862 of 2025

Brijpal And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Nagesh Kumar Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 528 B.N.S.S. has been filed to allow the present application and quash the entire proceeding of Case No. 50430 of 2025 (State Vs. Brijpal and others) arising out of impugned Charge-Sheet dated 15.06.2024 as Charge-Sheet No. 149 of 2024, submitted in Case Crime No. 123 of 2024, under Sections 323, 504, 506 IPC, Police StationRaya, District-Mathura as well as impugned cognizance order and summoning order dated 07.03.2025, presently pending in the Court of learned Additional Civil Judge, Junior Division/Judicial Magistrate, Court No. 12, Mathura.

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 make an application for bail within 45 days from the date of the order, the same shall

NA528 No. 47862 of 2025

2

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 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.

January 13, 2026 Shivani

(Nand Prabha Shukla,J.)

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