Allahabad High Court
SAYEED ANJUMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court declined to quash the charge sheet, finding no abuse of process or failure of justice and noting that factual disputes must be resolved by the trial court.
Summary
The applicant, Sayeed Anjum, filed an application under Section 528 of the BNSS seeking to quash the charge sheet, cognizance order, and all proceedings in Criminal Case No. 4137 of 2025, which involved offences under Sections 85, 115(2), 352 of the B.N.S., provisions of the D.P. Act and the Muslim Women (Protection of Rights on Marriage) Act, 2019. The High Court examined the record and held that the dispute centered on factual issues that cannot be decided at this interlocutory stage, and 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 applicant is not on bail, he may apply for bail within 45 days, and similarly may move for discharge within 45 days, with a stay on coercive measures during that period. The application was therefore disposed of with the prayer for quashing rejected.
Issues considered
- Whether the High Court can quash the charge sheet and proceedings under Section 528 BNSS on the ground of alleged abuse of process.
- Whether the facts alleged by the applicant amount to a failure of justice warranting dismissal of the criminal case.
Legislation cited
- B.N.S. — s. 115(2), 352, 85
- BNSS — s. 528
- D.P. Act — s. 3/4
- Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 3/4
Subjects
- Section 528 application
- quash of charge sheet
- abuse of process
- criminal procedure
- bail application
- discharge application
- interlocutory relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17218 of 2026
Sayeed Anjum
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Asif
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Mohd. Asif, 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 the present application and quash the Charge sheet dated
11.03.2025, cognizance order dated 22.04.2025 as well as entire proceedings
of the Criminal Case No. 4137 of 2025, CNR No. UPCD040050452025
(State of U.P. Vs. Sayeed Anjum) arising out of Case Crime No. 358 of 2024
under Sections 85, 115(2), 352 of B.N.S., 3/4 of D.P. Act and 3/4 of the
Muslim Women (Protection of rights on Marriage) Act, 2019, Police
Station-Alinagar, District-Chanduali, pending in the Court of Civil Judge
(J.D.)/F.T.C. 1st Chanduli.
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
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.
NA528 No. 17218 of 2026
2
6. However, in the interest of justice, it is further provided that in case the
applicant moves an application for discharge at an appropriate stage through
counsel within 45 days, the same shall be disposed of by the Trial Court by a
reasoned and speaking order in accordance with law within two 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.
May 5, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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