Allahabad High Court
VISHESH GARG AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quash under Section 528 CrPC is declined.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash a Sessions Court judgment dated 11‑12‑2025 and a Chief Judicial Magistrate order dated 06‑05‑2025 relating to offences under Sections 307, 323, 504 and 506 IPC. The High Court examined the material and held that the dispute centred on questions of fact that could not be decided at this interlocutory stage. Consequently, the Court found no ground to invoke its power to quash the lower court orders on the basis of abuse of process or failure of justice. The prayer for quash was therefore declined. The Court directed that if the applicants are not on bail they may apply for bail within 45 days and that any discharge application be decided within six weeks, with no coercive measures imposed during that period.
Issues considered
- Whether the High Court can quash the Sessions Court judgment and the Magistrate order under Section 528 CrPC.
- Whether there is a failure of justice or abuse of procedure justifying the exercise of the quash power.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 307, 323, 504, 506
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- bail
- discharge application
- abuse of process
- High Court jurisdiction
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14416 of 2026
Vishesh Garg And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Shukla
Counsel for Opposite Party(s) : Aqueel Ahmad, G.A., Irfan Ahmad,
Kripa Shankar Tiwari, Vaibhav Tyagi,
Vinit Kumar Srivastava
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Santosh Kumar Shukla, learned counsel for the applicants, Mr.
Aqueel Ahmad, 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 judgment and order dated 11.12.2025 passed by the
Sessions Judge, Bulandshahr in Criminal Revision No. 276 of 2025,
(Vishesh Garg v. State of UP and Others) and the order dated 06.05.2025
Chief Judicial Magistrate, Bulandshahr in Misc. Case No.1632/2024 arising
out of Case Crime No.5/2024 (Arun Garg Vs. Vishesh Garg and Others),
under Sections 307, 323, 504, 506 IPC, Police Station-GRP, Bulandshahr.
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. 14416 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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