Allahabad High Court
HARI PRAKASH SHUKLA AND 5 OTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the criminal complaint is refused, and the Court directs surrender and expeditious consideration of bail.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a criminal complaint (Case No. 801 of 2026) and a summoning order issued by the Additional Civil Judge in Jaunpur. They did not press the merits of the quash request and instead asked the High Court to direct the lower courts to decide their bail applications expeditiously. The State’s Additional Government Advocate raised no objection to the alternative prayer. The Court refused the relief to quash the complaint, but ordered the applicants to surrender before the lower court within three weeks and directed that any bail application be decided promptly, with no coercive action taken during that period. The application was therefore disposed of.
Issues considered
- Whether the High Court can grant a quash of the criminal complaint and summoning order under Section 528 B.N.S.S. without addressing the merits
- Whether the Court may direct surrender and order expeditious consideration of bail in lieu of granting the quash
- Whether a stay on coercive action can be imposed pending surrender
Legislation cited
Subjects
- Section 528
- B.N.S.S.
- quash of criminal complaint
- bail
- surrender
- coercive action
- expeditious bail
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37254 of 2026
Hari Prakash Shukla And 5 Other
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mathura Prasad Mishra, Vinod Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for applicants; learned A.G.A. for State and
perused the record.
2. Present 528 B.N.S.S. application has been filed to quash the Criminal
Complaint Case No.801 of 2026 (Narendra Bahadur Singh Vs. Hari Prakash
Shukla & others) as well as summoning order dated 27.06.2026 passed by
Additional Civil Judge (J.D.) 7/Judicial Magistrate, Jaunpur, arising out of
Misc. Case No.130/2025, Under Sections 352, 351 (3), 191(2), 324 (4) of
B.N.S., 2023, P.S. Shahganj, District-Jaunpur, pending in the court of
Additional Civil Judge (J.D.) 7th/Judicial Magistrate, Jaunpur.
3. On the matter being taken up, learned counsel for the applicants has not
pressed the relief as sought by means of this application on merit and prayed
for issuance of appropriate direction to the concerned Courts below to decide
the bail application of the applicants expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicants.
5. Accordingly the relief as sought by the applicants through this application
is refused.
6. Considering the aforesaid alternative prayer of the applicant, it is directed
that applicants shall surrender before the concerned Court below within three
weeks from today and in case apply for bail, the bail application shall be
NA528 No. 37254 of 2026
2
decided expeditiously by the courts below in accordance with law laid down
by the Apex Court in the case of Satender Kumar Antil Vs. Central
Bureau of Investigation and another, reported in 2021 SCC OnLine SC
922.
7. For the period of three weeks from today or till the time of surrender of
the applicants before the Court below, whichever is earlier, no coercive
action shall be taken against them.
8. With the aforesaid directions, this application under Section 528 B.N.S.S.
stands disposed of.
(Deepak Verma,J.)
September 8, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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