Allahabad High Court
DEVENDRA ALIAS CHHOTEYversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The Court declined to quash the chargesheet, holding that factual disputes cannot be decided at this stage and no abuse of process was shown.
Summary
Devendra alias Chhotey filed an application under Section 528 of the B.N.S. seeking to quash the chargesheet No. 159/2024 and the cognizance order dated 3‑Feb‑2025 in Criminal Case No. 587 of 2025. The High Court examined the record and observed that, at the pleading stage, it could not conclude that no offence was made out against the applicant, as the disputes were factual in nature and not suitable for adjudication by this Court. 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 evident here. 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 must 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 the High Court can quash the chargesheet and cognizance order under Section 528 of the B.N.S. on the ground of lack of offence.
- Whether there is a failure of justice or abuse of process warranting the exercise of the quash power.
Legislation cited
- B.N.S. — s. 217, 248(A), 528
Subjects
- quash
- chargesheet
- Section 528
- B.N.S.
- bail
- criminal procedure
- court discretion
- application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37786 of 2026
Devendra Alias Chhotey
.....Applicant(s)
Versus
State Of U.P. And 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Kamal
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Raj Kamal, 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 quash the impugned chargesheet No. 159/2024 dated 10.11.2024
and cognizance order dated 3.2.2025 passed by Chief Judicial Magistrate,
Etah in Criminal Case No. 587 of 2025, (State v. Devendra alias Chhotey),
arising out of Case Crime No. 154/2024, under Section 217, 248(A), B.N.S.,
Police Station-Marhara, District-Etah as well as the entire proceeding of
Criminal Case No. 587 of 2025, (State v. Devendra alias Chhotey), arising
out of Case Crime No. 154/2024, under Section 217, 248(A), B.N.S., Police
Station-Marhara, District-Etah.
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 an
NA528 No. 37786 of 2026
2
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 23, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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