Allahabad High Court
SHIV KUMAR SHUKLAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The Court held that the application for quash under Section 528 CrPC must be declined as the facts do not demonstrate the absence of an offence and the matter is for the trial court.
Summary
Shiv Kumar Shukla filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal complaint (Case No. 2482 of 2017) filed by Sunil Agrawal alleging offences under Sections 385 and 506 of the Indian Penal Code. The Allahabad High Court examined the record and held that the material on file does not show that no offence is made out against the applicant, as the disputes are factual and cannot be decided at this stage. The Court explained that the power to quash under Section 528 is exercised only where there is a failure of justice or abuse of process, which was not demonstrated. Accordingly, the prayer for quashing was declined. The Court directed the trial court to dispose of any discharge application within six weeks and to consider a bail application within 45 days, ordering that no coercive measures be taken pending disposal. The application was therefore dismissed.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 CrPC in the present case
- Whether there is a failure of justice or abuse of process warranting the exercise of the quash power
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 385, 506
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- abuse of process
- bail
- discharge
- criminal procedure
- IPC Sections 385, 506
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8668 of 2026
Shiv Kumar Shukla
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kunjesh Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Kunjesh Kumar Dubey, 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 quash the entire proceedings of Complaint Case No. 2482 of 2017
(Sunil Agrawal v. Shiv Kumar Shukla) under Sections 385, 506 IPC, Police
Station-Kothi Bhar, District-Mahrajganj pending before Civil Judge
(J.D.)/Judicial Magistrate, Mahrajganj as well as quash the summoning
order dated 02.09.2019.
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
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.
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 applicants
claim discharge at an appropriate stage through counsel, the same shall be
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
NA528 No. 8668 of 2026
2
within six weeks from the date of the application, if there is no other legal
impediment.
6. 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
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 applicants 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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