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Allahabad High Court

DALPAT SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court refused to quash the criminal proceedings, holding that the petition involved factual disputes requiring appraisal of evidence.

Summary

The applicant, Dalpat Singh, filed a petition under Section 528 of the Criminal Procedure Code seeking to quash the Special Sessions Trial No. 352 of 2018, which involved charges under Section 363 of the IPC and Sections 7 and 8 of the POCSO Act, as well as to set aside the charge‑sheet and cognizance order. He contended that no offence was disclosed and that the prosecution was malicious, also requesting that the court consider his bail application. The High Court examined the materials and held that the matter required factual determination and evidence appraisal, and therefore refused to grant the quash relief. However, the court directed that if the applicant surrenders within three weeks and applies for bail, his bail plea will be considered, and the non‑bailable warrant would be kept in abeyance for that period. The application was consequently disposed of.

Issues considered

  • Whether the proceedings under Section 363 IPC and Sections 7/8 POCSO Act can be quashed under Section 528 CrPC
  • Whether the bail application can be entertained without quashing the trial proceedings
  • Whether the non‑bailable warrant issued against the applicant should be stayed

Legislation cited

Subjects

  • quash petition
  • Section 528 CrPC
  • bail
  • non‑bailable warrant
  • IPC 363
  • POCSO Act
  • criminal procedure
  • malafide prosecution

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 42060 of 2026

Dalpat Singh
                                                           .....Applicant(s)
                                    Versus

State Of U.P. And 3 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                     :   Lal Chandra Mishra
Counsel for Opposite Party(s)                :   G.A.

Court No. - 75
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the
State.

2. The present application has been filed praying for quashing
proceedings of Special Sessions Trial No. 352 of 2018 (State Vs. Dalpat
singh) arising out of Case Crime No. 1178 of 2017 under Section 363
I.P.C., and Section 7/8 of POCSO Act, Police Station Kalyanpur, District
Kanpur Nagar pending before learned Additional District Judge, Court
No.13, District Kanpur Nagar as well as to quash the charge sheet dated
02.02.2018 and also to quash the cognizance order dated 09.02.2018
passed in the aforesaid case.

3. The contention of learned counsel for the applicant is that no offence
against the applicant is disclosed and the present prosecution has been
instituted with a malafide intention for the purpose of causing harassment.
He pointed out certain documents and statements in support of his
contention. Learned counsel argued that the applicant was enlarged on
bail but one date he could not appear, on account of which N.B.W. has
been issued against him vide order dated 01.05.2026. He further submits
that he is limiting his prayer to the extent that suitable direction may be
issued to the concerned trial Court to consider and decide the bail
application of the applicant.

4. Having heard the learned counsel for the applicant and perused the
materials brought on record, it does not appear to be a fit case praying to
grant the reliefs as sought by the applicant. The prayer praying for
quashing of same is hereby refused, at this stage as the argument raised by
learned counsel for the applicant involves factual disputes and appraisal
of evidence.

5. However, looking at the nature of offence alleged and attending facts
and circumstances of the case, as have been brought on record, it is
                                                                                        NA528 No. 42060 of 2026
                                                                  2


                                    directed that if the applicant appears and surrenders before the court
                                    below within three weeks from today and applies for bail, his prayer for
                                    bail shall be considered and decided in accordance with law.

                                    6. For a period of three weeks from today, the non-bailable warrant
                                    issued against the applicant shall be kept in abeyance.

                                    7. The present application stands disposed of.




                                                                                 (Dr. Gautam Chowdhary,J.)
                                    September 30, 2026
                                    S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad


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