Allahabad High Court
HRIDAY NARAYAN AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court declined to quash the charge sheet, holding that factual disputes cannot be resolved at this stage and no abuse of process was evident.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 16‑01‑2023 in Crime No. 578 of 2022, which alleged offences under Sections 323, 504, 506 and 427 IPC. The High Court examined the material and observed that the dispute centred on questions of fact, which cannot be decided at the interlocutory stage, and that there was no indication of abuse of process or failure of justice. Consequently, the court declined the prayer to quash the charge sheet. The court directed that if the applicants are not on bail, they may appear or surrender through counsel and file a bail application within 45 days, which will be considered expeditiously. It also ordered that any discharge application filed thereafter be decided by the trial court within six weeks, and that no coercive measures be taken against the applicants for a period of 45 days or until the discharge application is disposed of.
Issues considered
- Whether the High Court can quash the charge sheet under Section 528 CrPC on the ground that no offence is made out against the applicants.
- Whether there is any abuse of process or failure of justice that warrants the exercise of the power to quash.
- What directions, if any, should be given regarding bail and discharge applications pending the trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 427, 504, 506
Subjects
- Section 528 CrPC
- quash of charge sheet
- abuse of process
- bail application
- discharge application
- interlocutory relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14485 of 2026
Hriday Narayan And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajiv Chowdhury
Counsel for Opposite Party(s) : Ankit Kapoor, G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Rajiv Chowdhury, learned counsel for the applicants, Mr.
Ankit Kapoor, 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 16.01.2023 submitted in Case Crime
No. 578 of 2022 under Sections 323, 504, 506, 427 I.P.C. Police Station
Chaubeypur, District Varanasi as well as cognizance order dated 18.10.2024
passed by A.C.J.M.-VI, Varanasi in the aforesaid case.
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
other side.
NA528 No. 14485 of 2026
2
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
Checking your session…