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Allahabad High Court

KULDEEP BAGHELversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court declined to quash the criminal proceeding, finding no abuse of process or failure of justice.

Summary

The applicant, Kuldeep Baghel, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Case No. 19243 of 2022) and the accompanying charge sheet and cognizance order relating to offences under Sections 323, 324, 352, 506 and 308 of the IPC. The High Court examined the record and observed that the material on file does not demonstrate the absence of any offence against the applicant; the disputes are factual and cannot be decided at this interlocutory stage. The Court held that its power to quash may be exercised only where there is a clear failure of justice or abuse of process, which was not shown. Consequently, the prayer for quashing was declined. The Court directed that if the applicant is not on bail, he may apply for bail within 45 days, and any discharge application should be decided by the trial court within six weeks, with no coercive measures to be taken for 45 days or until the discharge application is disposed.

Issues considered

  • Whether an application under Section 528 BNSS can be entertained to quash the pending criminal proceeding.
  • Whether the facts on record demonstrate a failure of justice or abuse of process justifying quash.
  • Whether the High Court can stay the trial court proceedings pending resolution of bail or discharge applications.

Legislation cited

Subjects

  • criminal procedure
  • quash
  • Section 528
  • bail
  • discharge application
  • abuse of process
  • trial court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 34893 of 2026

Kuldeep Baghel
                                                             .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)           : Janardan Yadav, Vivek Kumar Pal
Counsel for Opposite Party(s)      : G.A.

Court No. - 80
                  HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Vivek Kumar Pal, learned counsel for the applicant, 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
criminal proceeding of Case No. 19243 of 2022 (State Vs. Kuldeep
Baghel) as well as Charge Sheet dated 18.05.2022 and cognizance order
dated 23.06.2022 arising out of Case Crime No. 164 of 2022, under
Sections 323, 324, 352, 506, 308 I.P.C., Police Station-Sirsaganj, District-
Firozabad, pending in the court of learned Additional Chief Judicial
Magistrate, Shikohabad, District-Firozabad and to stay 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 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. 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 applicant is not on bail, it is directed that if the applicant
appears or surrenders through counsel before the Trial Court and makes
                                                                                           NA528 No. 34893 of 2026
                                                                       2


                                    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 applicant moves 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
                                    applicant 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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