Allahabad High Court
DHANANJAY MISHRA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court held that the prayer for quashing under Section 528 CrPC is declined as the facts do not show a failure of justice or abuse of process.
Summary
The High Court considered an application under Section 528 of the Criminal Procedure Code filed by Dhananjay Mishra and others seeking to quash the criminal proceedings, charge sheet and cognizance in State vs Shashi Prakash and others. The court examined the material and concluded that the facts on record do not demonstrate the absence of an offence and that the disputes are factual, not suitable for quashing under Section 528. Consequently, the prayer to quash the case 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. It also ordered that no coercive measures be taken against the applicants for 45 days or until the discharge application is disposed.
Issues considered
- Whether the criminal proceeding and charge sheet can be quashed under Section 528 of the CrPC on the ground of alleged abuse of process
- Whether the facts on record show that no offence is made out against the applicants
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 34, 504, 506
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- abuse of process
- bail
- discharge application
- high court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14336 of 2026
Dhananjay Mishra And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Dwivedi
Counsel for Opposite Party(s) : Akshay Prakash Srivastava,
Dharmendra Kumar Srivastava, G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Rajesh Dwivedi, learned counsel for the applicants, Mr.
Shubham Kumar holding brief of Mr. Akshay Prakash Srivastava, learned
counsel for the 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 quash the entire criminal proceeding as well as charge sheet dated
14.10.2023 as well as cognizance dated 18.07.2024 in Case No.21380/2024
(State Vs. Shashi Prakash and others) arising out of Case Crime No. 0327 of
2029 u/s 323, 504, 506, 34 IPC Police station Shivli, District Kanpur Dehat
pending in the Court of learned Judicial Magistrate Court no.2, Kanpur
Dehat.
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
NA528 No. 14336 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 8, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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