Allahabad High Court
RAM KUMAR GAURversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The Court held that no prima facie case of offence or misuse of process was established, so the application under Section 528 B.N.S.S. was dismissed.
Summary
The applicant, Ram Kumar Gaur, filed an application under Section 528 of the B.N.S.S. seeking to quash a non‑bailable warrant dated 25‑09‑2018 in State vs Ram Kumar Gaur (Case No. 2391/1995) and to stay the pending criminal proceeding (Case Crime No. 693D of 1992) under Section 420 IPC. The High Court examined the record and held that the application raised only factual disputes and did not demonstrate a prima facie offence, misuse of the judicial process, or miscarriage of justice, which are the only grounds for invoking Section 528. Consequently, the Court refused the relief sought and dismissed the application, but directed that if the applicant files a bail application within 30 days, it will be considered expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The Court also ordered that no coercive action be taken against the applicant during the 30‑day period pending any bail application.
Issues considered
- Whether the High Court can quash the non‑bailable warrant and stay the criminal proceeding under Section 528 of the B.N.S.S.
- Whether a prima facie case of offence or misuse of the judicial process exists against the applicant
- Whether the applicant is entitled to relief pending a bail application
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 420
Subjects
- Section 528
- B.N.S.S.
- quash non‑bailable warrant
- misuse of process
- Section 420 IPC
- stay of proceedings
- bail application
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34865 of 2026
Ram Kumar Gaur
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shriman Narayan Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Shriman Narayan Tiwari, learned counsel for the applicant,
learned A.G.A. for the State and perused the record.
2. The present application under Section 528 B.N.S.S. has been preferred
to allow this application and quash the impugned N.B.W. dated
25.09.2018 in Case No. 2391/1995 (State Vs. Ram Kumar Gaur) as well
as entire proceeding of Case Crime No. 693D of 1992, under Section 420
I.P.C., P.S.- Hari Parvat, District-Agra, pending in the Court of learned
Additional Chief Judicial Magistrate, Court No. 5, Agra and to stay the
further proceeding of the aforesaid 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 prima facie 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 under Section 528 B.N.S.S. Only in cases where the Court
finds that there has been failure of justice or misuse of judicial mechanism
or procedure, sentence or order was not correct, this power may be
exercised to prevent the abuse of process of miscarriage of justice.
Therefore, no interference is required.
4. Accordingly, prayer of the applicant is refused.
5. However, considering the prayer made by learned counsel for the
applicant, it is directed that in case the applicant applies for bail before the
NA528 No. 34865 of 2026
2
concerned court within 30 days from today, the same shall be considered
and disposed of expeditiously in the light of law laid down by the Apex
Court in the case of Satender Kumar Antil vs. Central Bureau of
Investigation and another, reported in (2021) 10 SCC 773.
6. For a period of 30 days from today or till the time of applying the bail
application before the court concerned, whichever is earlier, no coercive
action shall be taken against the applicant in Case No. 2391/1995 (State
Vs. Ram Kumar Gaur) as well as entire proceeding of Case Crime No.
693D of 1992, under Section 420 I.P.C., P.S.- Hari Parvat, District-Agra.
7. With the above observations, this application under Section 528
B.N.S.S. 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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