Allahabad High Court
MANISH GUPTAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The Court held that where the existence of an offence is not conclusively established and the dispute pertains to facts, the power under Section 528 BNSS to quash criminal proceedings cannot be exercised.
Summary
Manish Gupta filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Complaint Case No. 15767 of 2024) filed against him under Section 406 of the Indian Penal Code. The High Court examined the record and observed that the existence of an offence against the applicant could not be conclusively denied, as the matters in dispute were factual in nature and not suitable for adjudication at this stage. Consequently, the Court declined to exercise its power to quash the proceedings. However, the Court directed that if the applicant later seeks discharge or bail, the trial court must consider such applications within specified time‑frames and refrain from taking coercive measures pending disposal. The application for quashing was therefore dismissed, and the matter was left to be decided by the trial court on the merits.
Issues considered
- Whether the High Court can quash criminal proceedings under Section 528 BNSS when the existence of an offence is contested on factual grounds
- Whether there is a failure of justice or abuse of process justifying the exercise of the quash power
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 406
Subjects
- quash of criminal proceedings
- Section 528 BNSS
- abuse of process
- discharge application
- bail
- criminal breach of trust
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10972 of 2026
Manish Gupta
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhanshu Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Sudhanshu Kumar Singh, learned counsel for the applicant,
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 allow this application and quash the entire criminal proceedings of
Complaint Case No.15767 of 2024 (Shubham Bansal Vs. Manish Gupta),
under sections 406 of I.P.C., Police Station Nai Mandi, District Muzaffar
Nagar and summoning order dated 06.06.2025 passed by learned Additional
Chief Judicial Magistrate, Court No.1, Muzaffarnagar, pending in the court
of Additional Chief Judicial Magistrate, Court No.2, Muzaffarnagar.
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
applicant. 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 applicant
claims discharge at an appropriate stage through counsel, the same shall be
disposed of by the Trial Court in accordance with law after giving
NA528 No. 10972 of 2026
2
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
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.
7. 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 19, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
Checking your session…