Allahabad High Court
SAURABH KUMAR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the charge sheet and cognizance order is declined.
Summary
The applicant, Saurabh Kumar Singh, filed an application under Section 528 of the BNSS seeking to quash a charge sheet and cognizance order dated 30 September 2024 and 19 December 2024 respectively, which alleged offences under IPC sections 498A, 323, 504, 506 and sections 3 and 4 of the D.P. Act. The High Court examined the material and observed that, at the preliminary stage, it could not be said that no offence was made out against the applicant, as the matters raised were factual disputes not suitable for adjudication in a quash proceeding. The Court held that the power to quash may be exercised only where there is a clear failure of justice or abuse of process, which was not demonstrated 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 application for discharge should also be filed within the same period, with a prohibition on coercive measures during that time.
Issues considered
- Whether the charge sheet and cognizance order should be quashed under Section 528 BNSS on the ground of lack of offence or abuse of process
- Whether there is a failure of justice warranting the exercise of the Court's power to quash
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- quash
- charge sheet
- cognizance order
- Section 528
- bail
- discharge
- IPC 498A
- abuse of process
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 43492 of 2025
Saurabh Kumar Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Srivastava, Neelam
Srivastava, Raj Kumar Tripathi, Vinay
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Arvind Kumar Srivastava, 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 charge sheet dated 30.09.2024 under Section
498-A, 323, 504, 506 IPC and 3/4 D.P. Act and impugned
cognizance/summoning order dated 19.12.2024 under Sections 498A, 323,
506 IPC passed by the learned Additional Chief Judicial Magistrate-5th,
Varanasi in Case No. 625 of 2025 (State v. Saurabh Kumar Singh and
Others) arising out of Case Crime No. 157 of 2024 under Sections 498A,
323, 504, 506 IPC, Police Station-Ramnagar, Kashi (Commissionerate),
District-Varanasi and the bailable warrant dated 12.09.2025 issued against
the applicant in Case No. 625 of 2025 (State v. Saurabh Kumar and others)
arising out of Case Crime No. 157 of 2024 under Sections 498A, 323, 504,
506 IPC, Police Station-Ramnagar, Kashi (Commissionerate), District-
Varanasi.
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
NA528 No. 43492 of 2025
2
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 makes 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. However, in the interest of justice, it is further provided that in case the
applicants move an application for discharge at an appropriate stage through
counsel within 45 days, the same shall be disposed of by the Trial Court by a
reasoned and speaking order in accordance with law within two 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.)
May 5, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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