Allahabad High Court
SHIV SHANKAR CHAUDHARY AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the charge‑sheet, holding that the facts and alleged offences must be determined by the trial court and no abuse of process was evident.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the charge‑sheet and the proceedings in Criminal Case No. 204 of 2026. The High Court examined the material and observed that, at the pleading stage, it could not be said that no offence was made out against the applicants and that the disputes were factual in nature. Since there was no indication of abuse of process or failure of justice, the court exercised its limited power under Section 528 and declined the prayer to quash. The court directed that if the applicants are not on bail they may apply for bail within 45 days, and any discharge application must be decided by the trial court within six weeks. No coercive measures were to be taken against the applicants for a period of 45 days or until the discharge application is disposed.
Issues considered
- Whether the High Court can quash the charge‑sheet and proceedings under Section 528 CrPC on the ground that no offence is made out against the applicants.
- Whether there is any abuse of process or failure of justice warranting the exercise of the power to quash.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 147, 191(2), 323, 351(3), 352, 504, 506
Subjects
- Section 528 CrPC
- quash charge-sheet
- bail application
- discharge of accused
- criminal procedure
- abuse of process
- trial court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34808 of 2026
Shiv Shankar Chaudhary And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Kumar Rai, Ashok Kumar Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Aman Kumar Rai, 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 charge-sheet dated
26.10.2025, summoning order dated 03.06.2026 passed by learned
Additional Chief Judicial Magistrate 1st, Room No. 09, Basti as well as
entire proceeding of Criminal Case No. 204 of 2026 (State vs. Shivshankar
Chaudhari and others) arising out of Case Crime No. 270 of 2025, under
sections 191(2), 115(2), 352, 351(3) BNS (147, 323, 504 and 506 IPC)
Police Station Rudhauli, District Basti pending before the Court of learned
Additional Chief Judicial Magistrate-1st, Room No. 09, Basti.
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
NA528 No. 34808 of 2026
2
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. 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 9, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
Checking your session…