Allahabad High Court
ANURAG SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 BNSS lacks merit and is dismissed.
Summary
The applicant, Anurag Singh, filed an application under Section 528 of the BNSS seeking to quash the criminal complaint (Case No. 173 of 2010) filed under Section 340 of the Criminal Procedure Code. He was served notice in January 2011, failed to appear, and a non‑bailable warrant was issued; bail was later granted in February 2016 and again in October 2025 after surrender. The court observed that the applicant had full knowledge of the proceedings for about fifteen years and had previously sought bail, yet chose to challenge the case only now. It held that the delay and the applicant’s lack of cooperation precluded any relief. Consequently, the application was dismissed as lacking merit.
Issues considered
- Whether an application under Section 528 BNSS to quash a criminal proceeding pending since 2010 can be entertained after a delay of fifteen years
- Whether the applicant’s prior bail applications and knowledge of the case bar the grant of relief
Legislation cited
- BNSS — s. 528
- Code of Criminal Procedure, 1973 — s. 340
Subjects
- quash of criminal proceeding
- Section 528 BNSS
- Section 340 CrPC
- delay in filing
- bail
- non‑bailable warrant
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 45708 of 2025
Anurag Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Khalid
Counsel for Opposite Party(s) : G.A., Prateek Kumar
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Rejoinder affidavit filed on behalf of the applicant, is taken on record.
2. Heard learned counsel for the applicant, learned counsel for the
informant, and learned A.G.A. for the State.
3. The present application u/s 528 B.N.S.S. has been filed to quash the
entire proceeding of the Complaint Case No. 173 of 2010 (Parmarth
Marketing Pvt. Ltd. Bijnor Vs. Anurag Singh), under Section 340 Cr.P.C.,
Police Station Kotwali City, District Bijnor, pending in the court of
Additional Civil Judge (Junior Division) - IVth / Judicial Magistrate,
Bijnor as well as summoning order dated 04.02.2013 passed by Chief
Judicial Magistrate, Bijnor.
4. Considering the argument raised by counsel for the applicant that the
opposite party no. 2 filed a complaint u/s 340 Cr.P.C. on 30.11.2010
which was registered as Misc. Case No. 173/2010, thereafter, notice was
issued and the same was served on applicant on 03.01.2011 which is
apparent from the order sheet but despite service, he did not appear before
the court. Thereafter, non-bailable warrant was issued against the
applicant then, he applied for bail and on 09.02.2016 his bail application
was allowed and applicant was released on bail by order dated
09.02.2016.
5. From the records, this Court finds that the applicant did not participate
in the court proceedings and again court issued NBW against the
NA528 No. 45708 of 2025
2
applicant, subsequently applicant surrendered and applied for bail and his
bail application was allowed vide order dated 15.10.2025. Now the
applicant has challenged the proceeding after about 15 years. Court finds
that applicant had knowledge regarding proceeding pending since 2010
and applicant two times appeared before trial court for bail. Applicant had
opportunity to challenge the proceeding earlier, reason unknown, but has
challenged the proceeding after about 15 years. It is apparent from the
records that the applicant had knowledge in regard to proceedings and
applicant deliberately is not cooperating in the present proceeding. At the
belated stage, this Court is not inclined to grant any relief to the applicant
in the present case. No interference is warranted at this stage.
6. The present application under Section 528 BNSS lacks merit and is,
accordingly, dismissed.
(Deepak Verma,J.)
September 14, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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