Allahabad High Court
JAY PRAKASH SINGH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashment under Section 528 CrPC was dismissed as the court found no abuse of process and that the allegations, if true, constitute an offence.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Criminal Case No. 10806 of 2023) arising from offences under Sections 323, 504 and 506 of the Indian Penal Code. The High Court examined the material and held that, on the facts, an offence appears to have been made out against the applicants and the dispute is one of fact, not of law, which cannot be decided at this stage. Consequently, the court declined to exercise its power to quash the case, noting that such power is only available where there is a clear failure of justice or abuse of process. 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. It also ordered that no coercive measures be taken against the applicants for a period of 45 days or until the discharge application is disposed, and the application was thereafter dismissed.
Issues considered
- Whether the High Court can quash criminal proceedings under Section 528 CrPC on the ground of alleged abuse of process.
- Whether the allegations, if proven, constitute an offence under Sections 323, 504 and 506 IPC, thereby precluding quashment.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- Section 528 CrPC
- quashment of criminal proceedings
- abuse of process
- Indian Penal Code
- Section 323 IPC
- Section 504 IPC
- Section 506 IPC
- bail
- discharge application
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34840 of 2026
Jay Prakash Singh And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Amit Kumar Singh, 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 quash the entire proceeding of
Criminal Case No. 10806 of 2023 (State Vs. Jay Prakash Singh & others)
arising out of Case Crime No. 137 of 2021, under Sections 323, 504, 506
I.P.C., Police Station-Mahuli, District-Sant Kabir Nagar including charge
sheet dated 29.05.2021 as well as cognizance/summoning order dated
18.08.2023 passed by learned Civil Judge (Junior Division)/F.T.C-I Sant
Kabir Nagar and to stay the further proceeding of the aforesaid Criminal
Case.
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. 34840 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
Shivani Sri.
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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