Allahabad High Court
RIYAZ MOHAMMAD AND 2 OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the criminal proceedings, finding no clear abuse of process or failure of justice at this stage.
Summary
The applicants filed an application under Section 528 of the B.N.S. seeking to quash the criminal proceedings (Criminal Case No. 131 of 2026) initiated against them. The High Court examined the material and observed that the existence of an offence against the applicants could not be dismissed at this interlocutory stage, as the matters raised were factual disputes. The Court held that its power to quash is limited to cases of clear abuse of process or failure of justice, which were not demonstrated. Consequently, the prayer to quash the proceedings was declined. The Court directed that if the applicants are not on bail, they may apply for bail within 45 days, and any discharge application must be decided by the trial court within six weeks, with no coercive measures taken during that period.
Issues considered
- Whether the High Court can quash criminal proceedings under Section 528 of the B.N.S. on the ground of alleged abuse of process or failure of justice.
- Whether the Court can direct the trial court to entertain bail or discharge applications within specified time frames.
Legislation cited
- B.N.S. — s. 351(2), 352, 452, 69, 79
Subjects
- Section 528
- quash criminal proceedings
- abuse of process
- bail application
- discharge application
- High Court
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 11833 of 2026
Riyaz Mohammad And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Najakat Ali, Sarvar Ali
Counsel for Opposite Party(s) : G.A., Syed Fahim Ahmed
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Najakat Ali, learned counsel for the applicants, Sri Ramji Singh
Patel holding brief of Sri Syed Fahim Ahmed, learned counsel for opposite
party no.2, 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 to quash the entire proceedings of
Criminal Case No. 131 of 2026, (State Vs. Riyaz & Others) pending in the
Court of learned Chief Judicial Magistrate, District Rampur, pursuant to
impugned summoning order dated 20.01.2026 summoning the Applicant No.
1 under Sections 452, 69, 79 B.N.S. & Applicant No. 2 & 3 under Sections
352, 351(2) B.N.S., bearing Case Crime No. 352 of 2025, Police Station-
Tanda, District-Rampur.
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 make an
NA528 No. 11833 of 2026
2
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. Further, it is provided that in case the applicants move an application for
discharge at an appropriate stage through counsel, the same shall be disposed
of by the Trial Court by a reasoned and speaking order in accordance with
law within six 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.
(Nand Prabha Shukla,J.)
September 18, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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