Allahabad High Court
RAVI SHANKAR PATEL AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the charge sheet and cognizance order under Section 528 CrPC is dismissed.
Summary
The applicants, Ravi Shankar Patel and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 08‑03‑2026 and the cognizance order dated 15‑04‑2026 in a case where they were charged under sections 115(2), 352, 351(2) and 110 of the BNS, 2023. The High Court examined the record and observed that the dispute centred on questions of fact which cannot be decided at the interlocutory stage, and there was no indication of a failure of justice or abuse of process that would justify quashing. Consequently, the court declined the prayer for quashing and directed that, if the applicants are not on bail, they may appear before the trial court and apply for bail within 45 days, and that any discharge application be decided by a reasoned order within six weeks. The court also ordered that no coercive measures be taken against the applicants for a period of 45 days or until the discharge application is disposed. The application was therefore dismissed with these procedural directions.
Issues considered
- Whether the charge sheet and cognizance order in the criminal case should be quashed under Section 528 of the CrPC.
Legislation cited
- BNS, 2023 — s. 110, 115(2), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- quash
- charge sheet
- Section 528
- Criminal Procedure Code
- bail
- discharge application
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37752 of 2026
Ravi Shankar Patel And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar, Viveka Nand Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Anil Kumar, 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 charge sheet dated
08.03.2026 & cognizance order dated 15.04.2026 in Case No. 117/2026,
State Versus Ravi Shankar Patel & another, arising out Case Crime No.
251/2025 under sections 115 (2), 352, 351(2), 110 of BNS, 2023, Police
Station-Kachhwa, District-Mirzapur & entire proceeding of Case No.
117/2026, State Versus Ravi Shankar Patel & another, arising out Case
Crime No. 251/2025, under sections 115 (2), 352, 351(2), 110 of BNS, 2023,
Police Station-Kachhwa, District-Mirzapur pending before learned Civil
Judge (J. D.)/ FTC., Mirzapur.
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
NA528 No. 37752 of 2026
2
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 23, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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