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

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

What the court decided

AI extract

Outcome

Application disposed of: prayer for quashing the order dated 10.10.2025 declined; however, the Court directed that (i) a discharge application, if moved by the applicants at the appropriate stage, be decided by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties; (ii) if the applicants appear/surrender and apply for bail within 45 days, the bail application 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 impugned order dated 10.10.2025 passed by the Additional District and Sessions Judge/Special Judge, POCSO Act, Baghpat in Case No. 41 of 2024 (Omveer v. Bablu and Others) should be quashed in exercise of power 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.

Ratio / Principle

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated by the High Court in this jurisdiction; the quashing power 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.

Key takeaways

The prayer for quashing the impugned order is declined.ratio¶¶11
In the interest of justice (the matter being 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 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¶¶12
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 bail application shall be considered and disposed of expeditiously after giving opportunity to the other side.

Detailed headnote1 paragraphs

Quashing under Section 528 BNSS — refused where the case turns on disputed questions of fact. The Allahabad High Court declined to quash the order dated 10.10.2025 of the Additional District and Sessions Judge/Special Judge (POCSO Act), Baghpat in Case No. 41 of 2024 (Omveer v. Bablu and Others) under Sections 324, 354, 354B, 504 IPC, holding that on the record it could not be said that no offence was made out against the applicants and that the submissions raised disputed questions of fact not adjudicable in that jurisdiction, the power being exercisable only on failure of justice or abuse of procedure. As the trial was a warrant case instituted on private complaint, the Court directed that any discharge application be decided within six weeks by a reasoned and speaking order after hearing both sides; that a bail application following appearance/surrender within 45 days be considered expeditiously; and that no coercive measures be taken against the applicants till disposal of the discharge application. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9403 of 2026

Bablu And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Rajneesh Kumar Upadhyay
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Rajneesh Kumar Upadhyay, learned counsel for the applicants, 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 impugned order dated 10.10.2025 passed by learned Additional District and Sessions Judge/Special Judge, POCSO Act, Baghpat in Case No. 41 of 2024 (Omveer v. Bablu and Others) under Sections 324, 354, 354B, 504 IPC, Police Station-Ramala, District-Baghpat.

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 within six weeks from the date of the application, if there is no other legal

NA528 No. 9403 of 2026

2

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