Allahabad High Court
DEVENDRA KUMAR SOLANKI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the proceedings is declined.
Summary
The applicants, Devendra Kumar Solanki and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 592/2026) instituted by the State of U.P. arising out of Crime No. 123/2025 under Sections 76, 78, 115(2) and 352 of the IPC. The High Court examined the record and held that, at the pleading stage, a prima facie case exists against the applicants and the disputes are factual matters that cannot be decided by this Court. Consequently, the Court found no ground of failure of justice or abuse of process that would justify quashing the proceedings. The application for quash was therefore declined. The Court directed that, if the applicants are not on bail, they may apply for bail within 45 days, and any application for discharge should be decided by the Trial Court within six weeks, with no coercive measures to be taken during this period.
Issues considered
- Whether the criminal proceedings in Case No. 592/2026 can be quashed under Section 528 of the Criminal Procedure Code?
- Whether there is a failure of justice or abuse of process warranting the exercise of the power to quash?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 352, 76, 78
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- abuse of process
- bail
- discharge application
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14738 of 2026
Devendra Kumar Solanki And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Shukla, Ujjwal Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Ashutosh Shukla, 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 allow this application and to quash the entire proceedings of Case
No. 592/2026 (State vs Devendra Kumar Solanki & Another) arising out of
Case Crime No. 123/2025 under Sections 76, 78, 115(2), 352 BNS, Police
Station Sungarhi, District Pilibhit, including charge sheet dated 19.11.2025
as well as cognizance and summoning order dated 20.01.2026.
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 make 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. 14738 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
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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