Allahabad High Court
DILSHAD AHMADversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The application under Section 528 BNSS is dismissed.
Summary
The applicant, Dilshad Ahmad, filed an application under Section 528 of the BNSS seeking to quash the entire criminal proceedings (Case No. 3096 of 2017) arising from offences under Sections 376, 493, 504, 506 and 323 IPC. He argued that the victim’s statements under Sections 161 and 164 CrPC did not establish any offence against him and that the charge sheet and cognizance order should be set aside. The State opposed, contending that the application was filed after a nine‑year delay, that the applicant had evaded process, a non‑bailable warrant was issued, and proceedings under Sections 82 and 83 CrPC were already underway. The court noted the lapse of time, the applicant’s failure to appear, and the existence of a valid charge sheet, concluding that no interference was warranted. Consequently, the application under Section 528 BNSS was dismissed.
Issues considered
- Whether the application under Section 528 BNSS to quash the charge sheet and cognizance order is maintainable despite the lapse of nine years.
- Whether laches and the applicant’s non‑appearance bar the grant of relief.
- Whether the victim’s statements under Sections 161 and 164 CrPC are sufficient to show that no offence was made out against the applicant.
Legislation cited
- BNSS — s. 528
- Code of Criminal Procedure, 1973 — s. 161, 164, 82, 83
- Indian Penal Code — s. 323, 376, 493, 504, 506
Subjects
- quash of proceedings
- laches
- non‑appearance
- victim statement
- CrPC
- IPC
- Section 528 BNSS
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 2620 of 2026
Dilshad Ahmad
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rupesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
2. This application has been filed by the applicant to quash the entire
proceedings of Case No. 3096 of 2017, State Versus Dilshad, arising out
of Case Crime No. 1045 of 2016, under Sections 376, 493, 504, 506 and
323 I.P.C., Police Station Dhaghata, District Sant Kabir Nagar, pending in
the court of learned Judicial Magistrate, Sant Kabir Nagar and the impugned
charge sheet dated 6.5.2017 as well as cognizance/summoning order dated
13.7.2017.
3. It is submitted by learned counsel for the applicant that this is the second
application under Section 528 BNSS, and the first application under Section
528 BNSS, No. 24706 of 2025, was filed and dismissed as withdrawn on
24.09.2025; a copy of the order dated 24.09.2025 has been appended as
Annexure No. 3 to this affidavit. It is further submitted that prima facie no
offence is made out against the applicant, considering the statement of the
victim recorded under Sections 161 and 164 Cr.P.C. Therefore, the
impugned charge sheet dated 06.05.2017, as well as the cognizance order
dated 13.07.2017, including the entire proceedings, be quashed.
4. Per contra, learned A.G.A. has vehemently opposed the prayer and
submitted that the charge sheet was submitted on 06.05.2017, and after nine
years, the present application has been filed, and the laches has not been
properly explained by the applicant in this application. A non-bailable
NA528 No. 2620 of 2026
2
warrant has been issued against the applicant, and proceedings under
Sections 82 and 83 Cr.P.C. have been initiated, but he is not appearing
before the trial court. His case was considered by the trial court, and the
statement of the victim was recorded as PW-1 on 26.05.2022 in S.T. No. 44
of 2017 in another trial. Had the applicant appeared before the trial court, his
trial would have been concluded by the trial court. The applicant is
continuously absconding and is evading the process of law; therefore, no
relief can be granted to the applicant.
5. Considering the facts of the present case, the charge sheet has been
submitted in this case, and after nine years, proceedings against the applicant
have been initiated under Sections 82 and 83 Cr.P.C. At this belated stage,
no interference is warranted by this Court. The application lacks merit and
deserves to be dismissed.
6. Accordingly, the present application under Section 528 BNSS is
dismissed.
(Vivek Kumar Singh,J.)
April 20, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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