Allahabad High Court
PAWAN THAKURversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to stay or quash the proceedings, finding no ground of abuse of process or failure of justice.
Summary
The applicant, Pawan Thakur, filed an application under Section 528 of the BNSS seeking a stay and quash of the criminal case (Crime No. 0090) pending before the Civil Judge, Junior Division, which involved offences under Sections 498-A, 323, 406, 504, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The High Court examined the material and observed that the existence of an offence against the applicant could not be dismissed at this stage, as the matters raised were factual disputes not suitable for interlocutory interference. The Court held that its power to stay proceedings is limited to situations of clear abuse of process or failure of justice, which were not demonstrated. 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 may also move for discharge within the same period, with the trial court required to dispose of such applications promptly. No coercive measures were to be taken against the applicant for 45 days, and the application was disposed.
Issues considered
- Whether the High Court can stay or quash the criminal proceedings under Section 528 BNSS in the absence of a demonstrated abuse of process or failure of justice
- Whether the applicant is entitled to immediate bail or discharge pending trial
Legislation cited
- Bail and Nondisclosure of Statements (BNSS) Act — s. 528
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 406, 498-A, 504, 506
Subjects
- criminal procedure
- stay of proceedings
- quash
- bail
- dowry prohibition
- abuse of process
- Section 528
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49628 of 2025
Pawan Thakur
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Nitansh Kumar Roy
Counsel for Opposite Party(s) : Ekansh Varma, G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Nitansh Kumar Roy, learned counsel for the applicant, Mr.
Ekansh Varma, learned counsel for the opposite party No. 2, 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 stay the entire proceeding of Case Crime No. 0090 under Sections
498-A, 323, 406, 504, 506 I.P.C and 3/4 Dowry Prohibition Act, 1961 as
well as cognizance order dated 26-09-2024 passed by learned Civil judge,
Junior Division, Allahabad in Criminal Case No. 325/2024 pending in the
court of learned Civil Judge, Junior Division.
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
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
NA528 No. 49628 of 2025
2
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 14, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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