Allahabad High Court
RAM BAHADUR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashal under Section 528 CrPC is declined as the allegations, though disputed, do not show the absence of an offence.
Summary
The applicants, Ram Bahadur and four others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings initiated against them in a private complaint case involving offences under IPC sections 354-A, 323, 504 and 506. The High Court examined the record and observed that the allegations, though contested, could not be said to be devoid of any offence at this preliminary stage. The Court noted that quashal under Section 528 is permissible only where there is a clear failure of justice or abuse of process, which was not evident here. Consequently, the prayer to quash the proceedings was declined. However, the Court directed that if the applicants seek discharge or bail, the trial court must consider such applications expeditiously, and no coercive measures should be taken pending disposal.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 CrPC at the pleading stage.
- Whether the facts on record demonstrate a failure of justice or abuse of process justifying quashal.
- What procedural directions are appropriate regarding discharge and bail applications pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 354-A, 504, 506
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- private complaint
- bail
- discharge application
- procedural law
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10941 of 2026
Ram Bahadur And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Singh, Vipin Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Jitendra Singh, learned counsel for the applicants, learned
A.G.A. for the State and perused the record.
2. The present application under Section 528 BNSS has been filed with a
prayer to quash the entire Proceedings and summoning order dated
14.10.2025, passed by the learned Additional Civil Judge (J.D)/ FTC-II/
Judicial Magistrate, Sant Kabir Nagar in Complaint Case No. 9473 of 2023,
U/s 354-A, 323, 504, 506 IPC against the applicant No.1 and U/s 323, 504,
506 IPC against the applicant No.2, 3, 4 & 5 IPC (Smt. Taramati Vs. Ram
Bahadur & Others), Police Station Bakhira, District-Sant Kabir Nagar,
pending in the court of learned Additional Civil Judge (J.D)/ FTC-II/
Judicial Magistrate, Sant Kabir Nagar.
3. 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.
4. Accordingly, prayer for quashing is declined.
5. 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
NA528 No. 10941 of 2026
2
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
impediment.
6. 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.
7. 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 19, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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