RISHABH KUMAR AND 2 OTHERSversusSTATE OF UP AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 528 BNSS No. - 11826 of 2026

Rishabh Kumar And 2 Others
                                                                .....Applicant(s)
                                    Versus
State of U.P. and Another
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)                     :   Rakesh Kumar Yadav
Counsel for Opposite Party(s)                :   G.A.

Court No. - 78
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Heard 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 in pursuance of the impugned charge
sheet dated 31.10.2025 and order taking cognizance dated 07.01.2026 under
Section 69 of B.N.S. and Section 4 D.P. Act, against applicant no. 1 and
under Section 4 D.P. Act, against applicant nos. 2 and 3 in Criminal Case
No. 142 of 2026 (State versus Rishabh Kumar and Others) arising out of
Case Crime No. 133 of 2025, Police Station-Kotwali, District-Etawah
pending in the court of learned Chief Judicial Magistrate, Etawah.

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. 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 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.

6. However, in the interest of justice, it is further provided that in case the
                                                                                             NA528 No. 11826 of 2026
                                                                     2

                                    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.

                                    7. 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.

                                    8. With the aforesaid direction, this application is disposed of.

                                    March 25, 2026
                                    SY
                                                                                        (Nand Prabha Shukla,J.)




Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad