Allahabad High Court
ABDUL SATTAR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the proceedings, holding that no abuse of process or failure of justice was demonstrated at this stage.
Summary
The applicants Abdul Sattar and four others filed an application under Section 528 of the BNSS Act seeking to quash the criminal proceedings (Case No. 102078 of 2025) arising from Crime No. 19 of 2025 and a summoning order dated 18.08.2025. They contended that the proceedings were abusive of process and that no offence was made out against them. The High Court examined the material and observed that the dispute centered on questions of fact, which cannot be resolved at the interlocutory stage. The Court held that unless there is a clear failure of justice or abuse of procedure, the power to quash cannot be exercised. Consequently, the application for quashing was declined, but the Court directed that the applicants may apply for bail or discharge within 45 days, with protective orders against coercive measures pending such applications.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 of the BNSS Act on the ground of alleged abuse of process.
- Whether the facts alleged by the applicants amount to a failure of justice justifying dismissal of the case.
Legislation cited
Subjects
- Section 528
- quash application
- abuse of process
- bail
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 43792 of 2025
Abdul Sattar And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradip Kumar Srivastava
Counsel for Opposite Party(s) : G.A., Ramesh Kumar Sahu, Sunil
Vashisth
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Rejoinder affidavit filed by learned counsel for the applicants is taken on
record.
2. Heard Mr. Pradip Kumar Srivastava, learned counsel for the applicants,
Mr. Sunil Vashisth, learned counsel for the opposite party No. 2, learned
A.G.A. for the State and perused the record.
3. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and quash/set-aside the entire proceeding of
the impugned Case No. 102078 of 2025, under Sections 85, 115 (2), 351(3),
352, 74 BNS & 3/4 D.P. Act P.S.-Mahila Thana, District-Kanpur Nagar,
State of U.P. Vs Mohd. Shoyeb and others arising out of Case Crime No. 19
of 2025 as well as Summoning order dated 18.08.2025 passed by court of
learned Civil Judge (J.D.)/FTC (CAW), Kanpur Nagar by which court below
summoned the applicant no. 1 U/S 85,115 (2), 351(3), 352, 74 BNSS & 3/4
D.P. Act, Applicant nos.2 to 4 were summoned U/S 85, 115 (2), 351(3), 352
BNS & 4 D.P. Act and applicant no. 5 has summoned U/S 85, 351 (3), 352
BNSS, for trial of the case.
4. 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.
5. Accordingly, prayer for quashing is declined.
NA528 No. 43792 of 2025
2
6. 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 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.
7. 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.
8. 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.
9. With the aforesaid direction, this application is disposed of.
May 7, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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