Allahabad High Court
DILIP KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the criminal proceedings is dismissed.
Summary
The applicant, Dilip Kumar, filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the criminal proceedings (Case No. 25203 of 2024) instituted by the State of Uttar Pradesh against Surjeet and others under IPC sections 498‑A, 323, 506 and 341. The High Court examined the material and observed that the existence of an offence against the applicant could not be dismissed at this stage, as the matters raised were factual disputes not suitable for adjudication in a quash application. Consequently, the Court declined the prayer for quashing, noting that such power is exercised only where there is a clear failure of justice or abuse of process. The Court directed that if the applicant is not on bail, he may apply for bail within 45 days, and that any application for discharge should also be filed within 45 days and decided by the trial court within two weeks. For the same period, no coercive measures may be taken against the applicant. The application was therefore disposed of.
Issues considered
- Whether the criminal proceedings against the applicant can be quashed under Section 528 of the CrPC on the ground of abuse of process or failure of justice.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 341, 498-A, 506
Subjects
- quash of criminal proceeding
- Section 528 CrPC
- abuse of process
- bail
- discharge application
- coercive measures
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18932 of 2026
Dilip Kumar
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Vivek Singh Shrinet
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Vivek Singh Shrinet, 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 to quash
the entire proceeding of Case No. 25203 of 2024 (State Vs. Surjeet and
others) arising out of Case Crime No. 61 of 2024 under sections 498-A, 323,
506, 341 IPC Police Station Gida, District Gorakhpur as well as Charge
Sheet dated 09.03.2024 and the Cognizance order dated 16.05.2024 passed
by the learned J.M. IIIrd, Gorakhpur.
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.
6. However, in the interest of justice, it is further provided that in case the
NA528 No. 18932 of 2026
2
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 7, 2026
Puspendra
(Nand Prabha Shukla,J.)
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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