Chandrabhan Prajapati vs State of U.P. through Its Principal Secretary Department U.P. at Lucknow and Another — Allahabad HC (2026) — LawSathi Research

Chandrabhan Prajapati vs State of U.P. through Its Principal Secretary Department U.P. at Lucknow and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing declined; however, protective directions issued: any discharge application to be decided by the Trial Court within six weeks by a reasoned and speaking order; a bail application made within 45 days of appearance or surrender to be considered expeditiously; and no coercive measures against the applicant till disposal of the discharge application.

Issue for consideration

Whether the entire proceedings and the summoning order dated 09.09.2025 in Complaint Case No. 4054 of 2025 under Section 379 IPC 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 applicants; all submissions made 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

The prayer for quashing the proceedings and the summoning order is declined.ratio¶13
If the applicants claim discharge at an appropriate stage through counsel, the Trial Court shall dispose of the discharge application in accordance with law, after hearing both parties, by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment.ratio¶17
If the applicants are not on bail and appear or surrender through counsel before the Trial Court and apply for bail within 45 days from the date of the order, the bail application shall be considered and disposed of expeditiously after hearing the other side.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire proceedings and the summoning order dated 09.09.2025 passed by the Judicial Magistrate, District-Kannauj in Complaint Case No. 4054 of 2025 (Vimlesh Kumar v. Chandrabhan Prajapati) under Section 379 IPC, Police Station-Indargarh. Holding that the material did not show that no offence was made out and that the submissions raised disputed questions of fact which could not be adjudicated in quashing jurisdiction, and that such power may be exercised only where there is failure of justice or abuse of procedure, the Court declined the prayer for quashing. It however directed that (i) if the applicants claim discharge, the Trial Court shall decide it in accordance with law by a reasoned and speaking order within six weeks; (ii) if not on bail, an application made within 45 days of appearance or surrender shall be considered expeditiously; and (iii) no coercive measures shall be taken against the applicant till disposal of the discharge application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 8251 of 2026

Chandrabhan Prajapati

.....Applicant(s)

Versus

State Of U.P. Through Its Principal Secretary Department U.P. At Lucknow And Another .....Opposite Party(s)

Counsel for Applicant(s) : Brijesh Kumar Prajapati, Maheshwari Prasad Srivastava, Surendra Kumar Singh Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Brijesh Kumar Prajapati, 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 this application and quash the entire proceedings alongwith summoning order dated 09.09.2025 passed by Court of Judicial Magistrate, District-Kannauj in Complaint Case No. 4054 of 2025 (Vimlesh Kumar v. Chandrabhan Prajapati) under Section 379 IPC, Police Station-Indargarh, District-Kannauj.

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.

However, in the interest of justice as the matter pertains to warrant case instituted on private complaint, it is provided that in case the applicants claim discharge at an appropriate stage through counsel, the same shall be

NA528 No. 8251 of 2026

2

disposed of by the Trial Court in accordance with law after giving opportunity of hearing to both the parties by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment.

In case, the applicants are not on bail, it is further 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.

Till the disposal of the discharge application, no coercive measures shall be taken against the applicant in the aforesaid case.

8.With the aforesaid direction, this application is disposed of.

(Nand Prabha Shukla,J.)

March 18, 2026

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad