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Allahabad High Court

ALOK YADAV @ ALOK KUMAR SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application for quashing under Section 528 of the BNSS was declined.

Summary

The applicant, Alok Yadav, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Complaint Case No. 1840 of 2024) and a summoning order under Sections 420 and 323 of the IPC. The High Court examined the record and found that the allegations against the applicant were not manifestly baseless and that the disputes were factual, which cannot be decided at this interlocutory stage. The Court held that quashing is permissible only where there is a clear failure of justice or abuse of process, which was not evident here. Consequently, the prayer to quash the proceedings was declined. However, the Court directed that the trial court should consider any discharge application by the applicant within six weeks and, if the applicant is not on bail, to entertain a bail application within 45 days, while restraining any coercive measures until disposal.

Issues considered

  • Whether the High Court can quash the criminal proceedings and summoning order under Section 528 of the BNSS in the absence of a clear abuse of process.
  • Whether the factual disputes raised by the applicant preclude the exercise of the Court's power to quash.

Legislation cited

Subjects

  • quash
  • Section 528
  • private complaint
  • discharge
  • bail
  • coercive measures
  • trial court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 8547 of 2026

Alok Yadav @ Alok Kumar Singh
                                                              .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                  :   Nagendra Kumar Singh
Counsel for Opposite Party(s)             :   G.A.

Court No. - 76
                  HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Nagendra Kumar Singh, 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 this application and quash the entire proceedings in
Complaint Case No. 1840 of 2024 (Old No. 213/2022) (Yusuf Ali @ Guddu
Vs. Bhanu Pratap and others) as well as Summoning Order dated 11.07.2022
passed by Judicial Magistrate, Court No. 33, District-Shahjahanpur, whereby
applicant has been summoned under Section 420, 323 of I.P.C., Police
Station-Kalan, District- Shahjahanpur pending in the Court of Judicial
Magistrate, Court No. 33, District-Shahjahanpur.

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. However, in the interest of justice as the matter pertains to warrant case
instituted on private complaint, it is provided that in case the applicant
claims discharge at an appropriate stage through counsel, the same shall be
                                                                                              NA528 No. 8547 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.

                                    6. In case, the applicant is not on bail, it is further 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.

                                    7. Till the disposal of the discharge application, no coercive measures shall
                                    be taken against the applicant in the aforesaid case.

                                    8.With the aforesaid direction, this application is disposed of.



                                                                                        (Nand Prabha Shukla,J.)
                                    March 19, 2026
                                    Aditya Tripathi




Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad


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