Allahabad High Court
MANOJ RAI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the summoning order, finding no abuse of process or failure of justice.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to set aside a summoning order dated 09.10.2024 and to stay the entire criminal proceedings in Case No. 26698 of 2024, which involved charges under Sections 3(5), 115(2), 351(2) and 352 of the B.N.S. The High Court examined the material and observed that the allegations, if taken at face value, indicated that an offence was made out against the applicants and that the matters raised were factual disputes not suitable for adjudication at this stage. The Court held that its power to quash or stay proceedings is exercisable only where there is a clear failure of justice or abuse of process, which was not demonstrated. Consequently, the prayer for quashing the order was declined. The Court directed that if the applicants are not on bail they may apply for bail within 45 days, and that any discharge application should be decided by the trial court within six weeks, with no coercive measures to be taken during that period. The application was therefore disposed of.
Issues considered
- Whether the High Court can quash the summoning order and stay the criminal proceedings under Section 528 BNSS on the ground of alleged abuse of process
- Whether the facts on record show a failure of justice warranting interference
Legislation cited
Subjects
- Section 528
- quash order
- abuse of process
- bail application
- discharge application
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34868 of 2026
Manoj Rai And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Rai, Shriya Walia
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Abhishek 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 set aside the summoning order dated 09.10.2024 in Case No.
26698 of 2024 (State Vs. Avirendra Rai & others) passed by the learned
Judicial Magistrate, Mau, under Sections 3(5), 115(2), 351(2) & 352 BNS;
and Charge Sheet No.194 of 2024 dated 29.07.2024, under Sections 3(5),
115(2), 351(2) & 352 BNS and also entire proceedings of Case No. 26698 of
2024, arising out of First Information Report No. 219 of 2024 dated
12.07.2024, under Sections 3(5), 115(2), 352 & 351(2) B.N.S., 2023,
registered as Case Crime No. 219 of 2024 with Police Station-
Muhammadabad, District-Mau, initiated by the opposite party No.2, pending
in the Court of learned Judicial Magistrate, Mau and to stay the entire
proceedings 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 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.
NA528 No. 34868 of 2026
2
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.
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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