Allahabad High Court
DEVENDRA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing under Section 528 CrPC was declined as the facts do not show the absence of an offence and the matter is for the trial court.
Summary
The applicant, Devendra Singh, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 709 of 2026) filed against him under IPC sections 324(4), 352 and 351(2). The High Court examined the record and observed that the material on file does not demonstrate that no offence is made out against the applicant; the disputes are factual and must be decided by the trial court. The Court held that its power to quash is limited to cases of clear abuse of process or failure of justice, which were not established here. Consequently, the prayer for quashing was declined. The Court directed that if the applicant is not on bail, he may appear before the trial court and apply for bail within 45 days, and any discharge application must be decided within six weeks, with no coercive measures taken during that period.
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 facts on record show a failure of justice warranting dismissal of the case.
- Whether the applicant is entitled to bail pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 324(4), 351(2), 352
Subjects
- Section 528 CrPC
- quash proceedings
- abuse of process
- bail
- discharge application
- criminal trial
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14709 of 2026
Devendra Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akansha Verma, Deepak Kumar Verma
Counsel for Opposite Party(s) : Vishnu Murti Tripathi, G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Animesh Kumar Verma holding brief of Sri Deepak Kumar
Verma, learned counsel for the applicant, 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 proceeding of the
Case No. 709 of 2026 (State vs. Devendra Singh) under sections 324(4),
352, 351(2) BNS, Police Station Manjhanpur, District Kaushambi in NCR
No. 08 of 2025 converted in Case Crime No. 280 of 2025, pending in the
Court of learned Chief Judicial Magistrate, Kaushambi as well as impugned
charge sheet No. A310 of 2025 dated 14.12.2025, the
cognizance/summoning order dated 18.02.2026 and other process issued
against him.
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. 14709 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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