Allahabad High Court

ANUP @ ANUP PRASAD AND 4 OTHERSversusSTATE OF UP AND ANOTHER

Decided: 7 September 2026
Bench: NAND PRABHA SHUKLA

Holding

The High Court declined to quash the charge sheet and cognizance order, finding no abuse of process or failure of justice.

Summary

The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the charge sheet dated 09.01.2026 and the cognizance order dated 20.02.2026 in Criminal Case No. 491 of 2026, which arose from offences under Sections 115(2), 126(2) and 333 of the Indian Penal Code. The High Court examined the material and observed that the dispute centered on questions of fact, which cannot be decided at the interlocutory stage. It held that unless there is a clear failure of justice or abuse of process, the power to quash cannot be exercised. Consequently, the prayer for quashing 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 the charge sheet and cognizance order under Section 528 CrPC in the absence of a demonstrable abuse of process or failure of justice.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 115(2), 126(2), 333

Subjects

Section 528 CrPC
quash of criminal proceedings
charge sheet
cognizance order
abuse of process
bail
discharge application
interlocutory application

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14376 of 2026

Anup @ Anup Prasad And 4 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Dileep Kumar Srivastava
Counsel for Opposite Party(s) : G.A., Rahul Kumar Pandey

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

1. Heard Mr. Dileep Kumar Srivastava, learned counsel for the applicants,
Mr. Rahul Kumar Pandey, 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 charge sheet dated 09.01.2026 as well as
cognizance/summoning order dated 20.02.2026 passed by Judicial
Magistrate Kasiya, District Kushinagar in Criminal Case No. 491 of 2026
(State Versus Anup and others) arising out of Case Crime No. 815 of 2025
under sections 115 (2),126 (2), 333 B.N.S., 2023 pending in the court of
Judicial Magistrate Kasiya, District Kushinagar.

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
NA528 No. 14376 of 2026
2

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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