Allahabad High Court

SHAMSHEED AHMAD AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 6 May 2026
Bench: NAND PRABHA SHUKLA

Holding

The High Court held that the application for quashing under Section 528 CrPC must be declined as the record does not show any abuse of process or failure of justice.

Summary

The applicants filed a criminal miscellaneous application under Section 528 of the Code of Criminal Procedure seeking to quash the criminal case (Criminal Case No. 1347 of 2025) pending before the Judicial Magistrate, Moradabad. The court examined the record and found that the material on file did not demonstrate that no offence was made out against the applicants, and the contentions raised pertained to disputed facts that cannot be decided at this stage. Since there was no indication of a failure of justice or abuse of process, the court declined to quash the proceedings. The court directed that, if the applicants are not on bail, they may apply for bail within 45 days, and may also move for discharge within 45 days, with the trial court to dispose of such applications expeditiously. For the same period, no coercive measures were to be taken against the applicants, and the application was disposed of.

Issues considered

Whether the High Court can quash criminal proceedings under Section 528 CrPC when the facts do not show abuse of process.
Whether the existence of disputed factual issues warrants dismissal of the application for quashing.
Whether the applicants are entitled to relief in the form of bail or discharge pending trial.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Dacoit Prevention Act — s. 3, 4
Indian Penal Code — s. 323, 498-A, 504, 506

Subjects

Criminal Procedure
Section 528
Quash of proceedings
Abuse of process
Bail
Discharge
Criminal miscellaneous application

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2839 of 2026

Shamsheed Ahmad And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Peeyush Kumar Pathak, Prateeyush
Kumar Pathak
Counsel for Opposite Party(s) : G.A.

Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Peeyush Kumar Pathak, 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 the present Criminal Misc. Application and quash the entire
proceeding of Criminal Case No. 1347 of 2025 headed as (State Versus
Shamsheed Ahmad and others) arising out of Charge Sheet No. 208 of 2025
dated 01.08.2025 in connection with the Case Crime No. 242 of 2024 under
Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station-
Thakurdwara, District-Moradabad as well as Cognizance/Summoning order
dated 01.09.2025 pending in the court of learned Judicial Magistrate
Thakurdwara, Moradabad against the applicants.

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. 2839 of 2026
2

6. However, in the interest of justice, it is further provided that in case the
applicants move 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
applicants in the aforesaid case.

8. With the aforesaid direction, this application is disposed of.

May 7, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)

Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad

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