Allahabad High Court
PANKAJ RAJPUT AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court declined to quash the proceeding, holding that factual disputes cannot be resolved at this stage and no abuse of process was shown.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal complaint (Case No. 1391 of 2024) filed against them under Sections 323, 504, 506 and 325 of the IPC. The High Court examined the material and observed that the existence of an offence could not be dismissed at this interlocutory stage because the matters raised were factual disputes. The court held that its power to quash is limited to cases of clear abuse of process or failure of justice, which were not demonstrated. Consequently, the prayer for quashing was declined. However, the court directed that if the applicants apply for discharge, the trial court must decide it within six weeks, and if they are not on bail, a bail application filed within 45 days will be considered expeditiously, with no coercive measures to be taken pending disposal.
Issues considered
- Whether the High Court can quash the criminal proceeding under Section 528 BNSS on the basis of alleged factual disputes.
- Whether there is a failure of justice or abuse of process justifying the exercise of the quash power.
- Whether interim directions for discharge and bail can be ordered pending trial.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 325, 504, 506
Subjects
- Section 528
- quash of criminal proceeding
- private complaint
- abuse of process
- discharge application
- bail
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 7915 of 2026
Pankaj Rajput And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivanand Mishra, Suraj Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE NAND PRABHA SHUKLA, J.
1. Supplementary affidavit filed by learned counsel for the applicants is
taken on record.
2. Heard Mr. Shivanand Mishra, learned counsel for the applicants, learned
A.G.A. for the State and perused the record.
3. This application under Section 528 BNSS has been filed to allow the
present application and quash the entire proceeding of Complaint Case No.
1391 of 2024 (Vivek Versus Pankaj and others) under Sections 323, 504,
506 and 325 IPC, Police Station-Maudarwaja, District-Farrukhabad
including summoning order dated 13.06.2025 passed by Additional Chief
Judicial Magistrate/Civil Judge (S.D.) Fast Track Court, Farrukhabad and to
stay the proceeding of the aforesaid Complaint 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.
6. However, in the interest of justice as the matter pertains to warrant case
instituted on private complaint, it is provided that in case the applicants
claim discharge at an appropriate stage through counsel, the same shall be
NA528 No. 7915 of 2026
2
disposed of by the Trial Court in accordance with law after giving
opportunity of hearing to both the parties by a reasoned and speaking order
within six weeks from the date of the application, if there is no other legal
impediment.
7. In case, the applicants are not on bail, it is further 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.
8. Till the disposal of the discharge application, no coercive measures shall
be taken against the applicants in the aforesaid case.
9. With the aforesaid direction, this application is disposed of.
March 10, 2026
Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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