Allahabad High Court
ARUN KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The Court held that the application under Section 528 BNSS must be dismissed as there is no prima facie case of misuse of process or miscarriage of justice.
Summary
The applicant, Arun Kumar, filed an application under Section 528 of the BNSS seeking to quash a summoning order dated 03.01.2025 and the related criminal proceedings (Case No. 09 of 2025) involving offences under Sections 498‑A, 323, 506 IPC and Sections 3/4 of the D.P. Act. The High Court examined the material and observed that at this stage there was no prima facie case establishing any offence against the applicant, and the disputes were purely factual, which cannot be decided under Section 528. The Court held that Section 528 can only be invoked where there is a clear failure of justice, misuse of the judicial process, or an erroneous order, none of which were evident. Consequently, the application to quash the proceedings was dismissed. However, the Court directed that if the applicant files a bail application within 30 days, it will be considered expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI, and no coercive measures shall be taken against the applicant during that period.
Issues considered
- Whether the High Court can entertain an application under Section 528 BNSS to quash a summoning order and pending criminal proceedings.
- Whether there exists a prima facie case of misuse of process or miscarriage of justice justifying interference under Section 528.
- Whether the Court can stay coercive measures against the applicant pending a bail application.
Legislation cited
- B.N.S.S. — s. 528
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498, 498-A, 506
Subjects
- Section 528
- quash order
- misuse of process
- bail
- coercive measures
- prima facie
- high court
- criminal proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 11519 of 2026
Arun Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anoop Kumar, Dileep Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 528 B.N.S.S. has been filed with a
prayer to quash the impugned summoning order dated 03.01.2025 as well as
entire criminal proceedings of Case No. 09 of 2025 arising out of Case
Crime No. 172 of 2024 under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P.
Act, Police Station-Hafizganj, District-Bareilly pending in the court of
leaned A.C.J.M. Court No. 3, Bareilly.
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 prima facie 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
under Section 528 BNSS. Only in cases, where the Court finds that there has
been failure of justice or misuse of judicial mechanism or procedure,
sentence or order was not correct, this power may be exercised to prevent the
abuse of process of miscarriage of justice. Therefore, no interference is
required.
4. Accordingly, prayer of the applicants is refused.
5. However, considering the prayer made by learned counsel for the
applicant, it is directed that in case the applicant applies for bail before the
concerned court within 30 days from today, the same shall be considered and
disposed of expeditiously in the light of law laid down by the Apex Court in
the case of Satender Kumar Antil vs. Central Bureau of Investigation and
NA528 No. 11519 of 2026
2
another, reported in (2021) 10 SCC 773.
6. For a period of 30 days from today or till the time of applying the bail
application before the court concerned, whichever is earlier, no coercive
measures shall be taken against the applicant.
7. With the above observations, this application under Section 528 BNSS is
disposed of.
March 25, 2026
SY
(Nand Prabha Shukla,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
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