Arun Kumar Dwivedi vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Arun Kumar Dwivedi vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, in the interest of justice the Court directed that (i) any discharge application moved by the applicants be decided by the Trial Court in accordance with law by a reasoned and speaking order within six weeks, (ii) a bail application made within 45 days of appearance/surrender through counsel be considered and disposed of expeditiously, and (iii) no coercive measures be taken against the applicants till disposal of the discharge application.

Issue for consideration

Whether the order dated 15.10.2022 passed by the Chief Judicial Magistrate, Jalaun at Orai and the entire proceedings of Complaint Case No. 6801/2021 under Sections 354, 323, 504, 506 I.P.C. 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 under Section 528 BNSS may be exercised only in cases where the Court finds that there has been failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

Prayer for quashing the order dated 15.10.2022 and the proceedings of Complaint Case No. 6801/2021 is declined.ratio¶10
Since the matter pertains to a warrant case instituted on private complaint, 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 giving opportunity of hearing to 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¶11
If the applicants are not on bail and they 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 be considered and disposed of expeditiously after giving opportunity to the other side.

Detailed headnote1 paragraphs

Quashing under S.528 BNSS - Disputed questions of fact - Application under Section 528 BNSS sought quashing of the order dated 15.10.2022 of the Chief Judicial Magistrate, Jalaun at Orai and the entire proceedings of Complaint Case No. 6801/2021 (Smt. Seema Tiwari Versus Krishna Kumar Sharma @ Pappu and others) under Sections 354, 323, 504, 506 I.P.C., Police Station Kotwali Orai, District Jalaun. Held: on the material on record it cannot be said that no offence is made out against the applicants; submissions raised disputed questions of fact which cannot be adjudicated by the High Court; the power is exercisable only where there is failure of justice or abuse of procedure. Prayer for quashing declined. Protective directions issued: discharge application, if claimed, to be disposed of by the Trial Court by a reasoned and speaking order within six weeks; bail application within 45 days of appearance/surrender to be considered expeditiously; no coercive measures till disposal of the discharge application. Application disposed of (Nand Prabha Shukla, J.), March 18, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 8387 of 2026

Arun Kumar Dwivedi

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Vijay Singh Sengar
Counsel for Opposite Party(s)		: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Vijay Singh Sengar, 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 quash the order dater dated 15.10.2022 passed Chief Judicial Magistrate, Jalaun at Orai as well as entire proceeding of complaint Case No. 6801/2021 (Smt. Seema Tiwari Versus Krishna Kumar Sharma @ Pappu and others), under Sections 354, 323, 504, 506 I.P.C., Police Station Kotwali Orai, District Jalaun.

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 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

NA528 No. 8387 of 2026

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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 applicants appear or surrender 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 applicants 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