Allahabad High Court
JYOTIDEVI JIYALAL PATEL AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The Court declined to quash the criminal proceedings, finding no abuse of process and that factual disputes must be resolved by the trial court.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Case No. 3461/2025) arising from a charge sheet under Sections 108 BNSS and 3/4 of the D.P. Act, and to stay the cognizance order dated 23.10.2025. The applicants contended that they had no proximate relation to the alleged incident and that the deceased died at her parents' home with no chemical evidence. The Court examined the record and held that at this interlocutory stage it could not be said that no offence was made out against the applicants, as the matters raised were factual disputes not suitable for adjudication by the High Court. Consequently, the prayer for quashing was declined. The Court directed that if the applicants are not on bail they may apply for bail within 45 days, and may also move for discharge within the same period, with a stay on coercive measures pending such applications.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 BNSS on the ground of lack of nexus between the applicants and the alleged offence.
- Whether there is a failure of justice or abuse of process warranting the exercise of power to quash the proceedings.
Legislation cited
Subjects
- Section 528
- quash criminal proceedings
- abuse of process
- bail
- discharge application
- BNSS
- D.P. Act
- interlocutory relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10039 of 2026
Jyotidevi Jiyalal Patel And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Shekher Singh, Rahul Kumar,
Vinod Kumar Upadhyay
Counsel for Opposite Party(s) : Amit Kumar Yadav, Aushim Luthra,
G.A., Harishchandra Yadav
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Counter affidavit filed by learned A.G.A. for the State is taken on record.
2. Heard Mr. Chandra Shekher Singh, learned counsel for the applicants, Mr.
Aushim Luthra, learned counsel for the opposite party No. 2, learned A.G.A.
for the State and perused the record.
3. The present application under Section 528 BNSS has been filed with a
prayer to allow the present application and quash the entire criminal
proceeding of Case No. 3461/2025 (State Vs. Jiya Lal) arising out of charge
sheet dated 21.06.2025 in Case Crime No. 0152/2025 under Section 108
BNS and Section 3/4 D.P. Act, Police Station-Nawabganj, District-Prayagraj
as well as impugned cognizance/summoning order dated 23.10.2025 under
Sections 69, 108 BNS and Section 3/4 D.P. Act passed by learned A.C.J.M.-
VII Prayagraj, District-Prayagraj and to stay the effect and operation of the
impugned cognizance/summoning order dated 23.10.2025 passed under
Section 108 BNS and Section 3/4 D.P. Act passed by learned A.C.J.M.-VII,
Prayagraj and further proceeding of the aforesaid Case.
4. Learned counsel for the applicants submits that the applicants had no
proximate relation with the alleged incident and had no direct nexus. It has
also been submitted that the deceased died at her parents' home, though the
viscera was preserved and no chemical was found.
5. 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
NA528 No. 10039 of 2026
2
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.
6. Accordingly, prayer for quashing is declined.
7. 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
be considered and disposed of expeditiously, after giving opportunity to the
other side.
8. 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.
9. 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.
10. With the aforesaid direction, this application is disposed of.
May 5, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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