Allahabad High Court

SHEKHAR ANAND AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 17 September 2026
Bench: NAND PRABHA SHUKLA

Holding

The Court declined to quash the proceedings, finding no failure of justice or abuse of process warranting the exercise of power under Section 528.

Summary

The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the criminal proceedings arising from a charge sheet dated 23.08.2025 and a cognizance order dated 21.11.2025 in Criminal Case No. 441 of 2025. They alleged that they were falsely implicated in a dispute related to a society election and that the proceedings were instituted with mala fide intent to harass them. The High Court examined the record and observed that the contentions raised by the applicants pertained to disputed questions of fact, which cannot be decided at the pre‑trial stage. The Court held that Section 528 can be invoked only where there is a clear failure of justice or abuse of process, which was not demonstrated here. Consequently, the prayer to quash the proceedings was declined. The Court directed that the applicants may apply for bail or discharge in the trial court within specified time limits and that no coercive measures be taken during that period.

Issues considered

Whether the High Court can quash the criminal proceedings under Section 528 CrPC when the dispute involves factual issues and no evident abuse of process.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528

Subjects

Section 528
quash criminal proceedings
abuse of process
bail
discharge application
factual dispute
High Court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13008 of 2026

Shekhar Anand And 4 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Amit Kumar Pandey, Dheeraj Pandey,
Kashi Nath Shukla
Counsel for Opposite Party(s) : Avinash Chandra Srivastava, G.A.

Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.

1. This is revised call. Heard Sri Kashi Nath Shukla, learned counsel for the
applicants, learned A.G.A. for the State and perused the record. No one
appears on behalf of opposite party no.2.

2. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and to quash entire criminal proceeding of
Charge Sheet No.1 dated 23.08.2025 and Cognizance/summoning order
dated 21.11.2025 passed by learned Additional Civil Judge (Senior Division)
Court No. 6/Additional Chief Judicial Magistrate, Ghaziabad in Criminal
Case No. 441 of 2025 (State Vs. Gaurav Varmani & others) arising out of
Case Crime No. 488 of 2025 under sections 352, 351(3), 78, 79, 356 (2)
B.N.S., Police Station Nandgram, Nagar Commissionerate Ghaziabad,
District Ghaziabad pending in the Court of learned Additional Civil Judge
(Senior Division) Court No. 6/Additional Chief Judicial Magistrate,
Ghaziabad.

3. Learned counsel for the applicants submits that applicants have been
falsely implicated due to election dispute of the Society with mala fide
intent to harass the applicants.

4. 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
NA528 No. 13008 of 2026
2

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.

5. Accordingly, prayer for quashing is declined.

6. 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
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. 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.

8. 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.

9. 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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