Allahabad High Court
DR VINOD KUMAR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The order dated 22‑10‑2025 committing the case to the Court of Session is set aside as an abuse of process, and the matter is remitted for fresh consideration under Section 216 Cr.P.C.
Summary
Dr. Vinod Kumar Singh filed an application under Section 528 of the BNSS seeking to quash an order dated 22‑10‑2025 that had committed his criminal case to the Court of Session. The order was made by the Additional Chief Judicial Magistrate, Jaunpur, under Section 323 of the Criminal Procedure Code, despite the fact that material under Sections 313 and 406 of the IPC was not available at the time. The applicant contended that the commitment was an abuse of process and that the summons under Sections 313 and 406 IPC were improperly issued in a matter moved under Section 323 Cr.P.C. The High Court held that the commitment was wrongful, set aside the impugned order, and remitted the matter back to the magistrate with directions to reconsider it under Section 216 Cr.P.C. The application under Section 528 BNSS was allowed.
Issues considered
- Whether the order committing the case to the Court of Session under Section 323 Cr.P.C. is valid when material under Sections 313 and 406 IPC was not available.
- Whether an application under Section 528 BNSS can quash such a commitment as an abuse of process.
Legislation cited
- BNSS — s. 528
- Code of Criminal Procedure, 1973 — s. 216, 323
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 313, 323, 377, 406, 498-A, 504, 506
Subjects
- criminal procedure
- commitment to session court
- abuse of process
- Section 528 application
- quash order
- hearing rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 52020 of 2025
Dr Vinod Kumar Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shashank Maurya, Sweta Gaur
Counsel for Opposite Party(s) : Atharva Dixit, G.A., Karan Pandey
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Umesh Chandra Prajapati, holding brief of Mr. Shashank
Maurya, learned counsel for the applicant, Mr. Atharva Dixit, 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 B.N.S.S. has been filed with a
prayer to allow this application and quash the impugned Order dated 22-10-
2025 passed by the learned Additional Chief Judicial Magistrate, I, Court
No. 12, Jaunpur in Criminal Case No. 6331 of 2024 (State Vs. Vinod Kumar
Sinha) arising out of Case Crime No. 0008 of 2022, under Sections 498-A,
323, 504, 506, 313, 377 IPC and 3/4 D.P. Act, Police Station-Mahila Thana,
District-Jaunpur, which is pending before the learned Additional Chief
Judicial Magistrate, I, Court No. 12, Jaunpur.
3. Learned counsel for the applicant has raised serious objection that the
applicant has been summoned under Sections 313 and 406 IPC in an
application moved under Section 323 Cr.P.C.
4. The provision of Section 323 Cr.P.C. reads as follows:
"If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at
any stage of the proceedings before signing judgment that the case is one which ought
to be tried by the Court of Session, he shall commit it to that Court under the
provisions hereinbefore contained and thereupon the provision of Chapter XVIII shall
apply to the commitment so made."
5. Considering the fact that when the application was moved, no such
NA528 No. 52020 of 2025
2
material was available under Sections 313 and 406 IPC and the matter has
been wrongly committed to the Court of Session which is an abuse of the
process of law.
6. Accordingly, in the interest of justice, the order dated 22.10.2025 is
hereby set aside and the matter is remitted back to the Court concerned with
a direction to reconsider the matter and pass an appropriate order afresh
under Section 216 Cr.P.C. expeditiously, in accordance with law, after
giving opportunity of hearing to both the parties, if there is no other legal
impediment.
7. The application u/s 528 BNSS is, accordingly allowed.
April 2, 2026
Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…