Allahabad High Court
MERAJ @ MERAJ BANGALIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the criminal proceedings is declined.
Summary
The applicant, Meraj Bangali, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings pending before the Additional Civil Judge (Junior Division) III/Judicial Magistrate, Kanpur Nagar (Case No. 7681 of 2026) arising from charges under IPC sections 115(2), 351(3), 352, 333 and the BNSS. The High Court examined the record and held that, at this stage, it could not be said that no offence was made out against the applicant and that the matters raised were factual disputes not suitable for interlocutory interference. Consequently, the Court declined to quash the proceedings. The Court directed that if the applicant is not on bail, he may appear or surrender through counsel and apply for bail within 45 days, and that any discharge application should be decided by the trial court within six weeks. No coercive measures are to be taken against the applicant for 45 days or until the discharge application is disposed. The application was therefore dismissed.
Issues considered
- Whether the High Court can quash pending criminal proceedings under Section 528 of the BNSS on the ground of alleged abuse of process.
- Whether there is a failure of justice sufficient to warrant dismissal of the trial court proceedings.
- Whether the applicant is entitled to bail or discharge pending the trial.
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 115(2), 333, 351(3), 352
Subjects
- quash of criminal proceedings
- Section 528 BNSS
- abuse of process
- bail
- discharge application
- High Court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14596 of 2026
Meraj @ Meraj Bangali
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivang Kumar Pandey, Syed Azeem
Uddin
Counsel for Opposite Party(s) : G.A., Santosh Kumar Rai
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Syed Azeem Uddin, learned counsel for the applicant, Sri Santosh
Kumar Rai, learned counsel for 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 allow this application and to quash the entire proceedings pending
in the court of learned additional Civil Judge (Junior Division) III/Judicial
Magistrate, Kanpur Nagar of Case No. 7681 of 2026 (State vs. Araslan and
others), pending in pursuance of chargesheet dated 14.6.2025 and
Cognizance order dated 22.12.2025 arising out of Case Crime No. 76 of
2025 (State vs. Araslan and others) under sections 115 (2), 351(3), 352, 333
B.N.S., P.S Colonelganj, District: Kanpur Nagar,
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
applicant. 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 applicant is not on bail, it is directed that if the applicant
NA528 No. 14596 of 2026
2
appears or surrenders 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 applicant moves 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
applicant in the aforesaid case.
8. With the aforesaid direction, this application is disposed of.
(Nand Prabha Shukla,J.)
September 8, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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