Allahabad High Court
RASHID AKHTARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court declined to quash the charge‑sheet and cognizance order, holding that no abuse of process or failure of justice was evident and factual disputes cannot be decided at this stage.
Summary
The applicant, Rashid Akhtar, filed an application under Section 528 of the BNSS seeking to quash a charge‑sheet dated 02‑Nov‑2024 and the cognizance order dated 09‑Jul‑2025 in Criminal Case No. 32256 of 2025, which alleged offences under Sections 85, 115(2), 352, 351(3), 79B of the BNSS and Section 67A of the Income‑Tax Act. The High Court examined the material and held that, at the interlocutory stage, it could not conclude that no offence was made out against the applicant, as the disputes were factual and not suitable for adjudication by the court. The power to quash under Section 528 is exercisable only where there is a clear failure of justice or abuse of process, which was not found. Consequently, the court declined the prayer to quash the proceedings, but directed that if the applicant is not on bail he may apply for bail within 45 days, and that any discharge application filed within the same period be decided expeditiously, with a stay on coercive measures for 45 days. The application was therefore disposed.
Issues considered
- Whether the High Court can quash the charge‑sheet and cognizance order under Section 528 BNSS in the absence of a demonstrated abuse of process.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 115(2), 351(3), 352, 79B, 85
- Income Tax Act — s. 67A
Subjects
- quash
- charge‑sheet
- Section 528
- cognizance
- bail
- discharge application
- procedural abuse
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 44326 of 2025
Rashid Akhtar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Udai Prakash Deo Pandey
Counsel for Opposite Party(s) : G.A., Sanjay Kumar Singh, Tej Pratap
Singh
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Udai Prakash Deo Pandey, 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 allow the instant application and set aside/quash the Charge-sheet
dated 02.11.2024 as well as cognizance order dated 09.07.2025 passed by
learned Chief Judicial Magistrate, Varanasi, District-Varanasi in Case No.
32256 of 2025, State of U.P. Vs. Rashid Akhtar and others arising out of
Case Crime No. 241 of 2024 under Sections 85, 115(2), 352, 351(3), 79 Β.
N.S. & Section 67A Ι.Τ. Act, Police Station-Sigra District-Varanasi by
which the learned Magistrate summoned the Applicant for offence under
Sections 85, 115(2), 352, 351(3), 79 B.N.S. and Section 67A I.T. Act as well
as quash the entire proceeding of the aforesaid Case.
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
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
NA528 No. 44326 of 2025
2
other side.
6. However, in the interest of justice, it is further provided that in case the
applicant moves 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
applicant in the aforesaid case.
8. 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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