Allahabad High Court
PEERA PRADHAN @ MATLOOB ALI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court held that the application for quash cannot be entertained as the facts do not demonstrate abuse of process; the criminal proceedings must continue.
Summary
The High Court considered an application under Section 528 of the Criminal Procedure Code filed by Peera Pradhan and another seeking to quash the charge‑sheet dated 18‑04‑2023 and the cognizance order dated 11‑07‑2024 in a criminal case under Sections 504 and 506 IPC. The court examined the material and observed that, at the preliminary stage, it could not be said that no offence was made out against the applicants and that the disputes were factual, not procedural. Since there was no clear indication of abuse of process or failure of justice, the court declined the prayer to quash the proceedings. It directed that if the applicants are not on bail they may apply for bail within 45 days, and any discharge application should be decided by the trial court within six weeks. No coercive measures were to be taken for 45 days or until the discharge application is disposed. The application was therefore dismissed.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 CrPC on the ground of alleged abuse of process.
- Whether the material on record shows a failure of justice warranting dismissal of the charge‑sheet and cognizance order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 504, 506
Subjects
- Section 528 CrPC
- quash of proceedings
- abuse of process
- IPC 504
- IPC 506
- bail application
- discharge application
- criminal trial
- high court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14473 of 2026
Peera Pradhan @ Matloob Ali And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vindesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Vindesh Kumar, learned counsel for the applicants, 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 application and quash the entire proceedings as well as the
impugned Charge-sheet Dated 18.04.2023 and impugned cognizance order
dated 11.07.2024 passed in Criminal Case No.534435 of 2024 (State Vs.
Peera and others) arising out of Case Crime No. 239 of 2023, under Sections
504, 506 IPC, Police Station Sadar Bazar, District Shahjahanpur pending in
the Court of learned Chief Judicial Magistrate, Shahjahanpur.
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
be considered and disposed of expeditiously, after giving opportunity to the
NA528 No. 14473 of 2026
2
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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