Allahabad High Court
NETRALPAL SINGH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court declined to quash the criminal proceeding, 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 criminal case (State v. Ashish & Others) and the cognizance order dated 02.02.2026. The court examined the record and observed that the dispute revolves around questions of fact and that no offence appears to be absent against the applicants at this stage. The court held that quashal powers are to be exercised only where there is a clear failure of justice or abuse of process, which was not demonstrated. Consequently, the prayer for quashing was declined. The court further 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, with no coercive measures to be taken during that period.
Issues considered
- Whether an application under Section 528 CrPC for quashing a criminal proceeding can be entertained when the dispute is limited to questions of fact and no abuse of process is evident.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 318(4), 336(3), 338, 340(2), 528, 61(2)
Subjects
- Section 528 CrPC
- quash of criminal proceeding
- abuse of process
- bail
- discharge application
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14522 of 2026
Netralpal Singh And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajeet Kumar Chaurasiya, Namit Kumar
Sharma
Counsel for Opposite Party(s) : Ankit Agarval, G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Namit Kumar Sharma, learned counsel for the applicants, Mr.
P. C. Srivastava, learned Senior Advocate assisted by Mr. Ankit Agarval,
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 proceeding of Criminal Case No. 993/2026 (State
v. Ashish & Others) along with chargesheet dated 10.12.2025 arising out of
Case Crime No. 286/2025 Police Station Sadar Bazar, District Mathura as
well as to quash the cognizance/summoning order dated 02.02.2026 passed
by Additional Chief Judicial Magistrate, Court No. 1, Mathura in Criminal
Case No. 1993/2026 (State vs. Ashish & Others) U/s 318(4), 338, 336(3),
340(2), 61(2) BNS against the Applicants, Police Station Sadar Bazar,
District Mathura.
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.
NA528 No. 14522 of 2026
2
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.
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…