Allahabad High Court
SMT SAVITRI DEVI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the cognizance order and charge sheet under Section 528 BNSS was dismissed as no failure of justice or abuse of procedure was established.
Summary
The applicants, Smt Savitri Devi and two others, filed an application under Section 528 of the BNSS seeking to quash the cognizance order dated 13‑07‑2022 and the charge sheet dated 22‑12‑2021 in Crime No. 591 of 2021, which alleged offences under Sections 323, 504, 506, 352 and 324 of the Indian Penal Code. The High Court examined the material and observed that, at the interlocutory stage, it could not be said that no offence was made out against the applicants, as the disputes were factual and not suitable for adjudication in a Section 528 application. The Court held that the power to quash is exercised only where there is a clear failure of justice or abuse of procedure, which was not demonstrated here. Consequently, the prayer for quashing 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 a stay on coercive measures for the same period.
Issues considered
- Whether the High Court can quash the cognizance order and charge sheet under Section 528 BNSS in the absence of a clear abuse of process.
- Whether the factual disputes raised by the applicants can be resolved at the interlocutory stage of a Section 528 application.
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 323, 324, 352, 504, 506
Subjects
- quash of charge sheet
- cognizance order
- Section 528
- bail application
- discharge application
- abuse of process
- Indian Penal Code offences
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34894 of 2026
Smt Savitri Devi And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Prakash Tiwari, Sanjeev
Bajpai
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Chandra Prakash Tiwari, 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 impugned cognizance
order dated 13.07.2022 passed by learned Chief Judicial Magistrate,
Farrukhabad and impugned charge sheet dated 22.12.2021, in Case Crime
No. 591 of 2021, under Sections 323, 504, 506, 352, 324 Indian Penal
Code, 1860, P.S.-Fatehgarh, District-Farrukhabad and to stay further
proceedings of the aforesaid Case Crime.
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
application for bail within 45 days from the date of the order, the same
shall be considered and disposed of expeditiously, after giving
NA528 No. 34894 of 2026
2
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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