Allahabad High Court
AMAR BAHADURversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The Court declined to quash the proceedings and dismissed the Section 528 application, directing the trial court to dispose of the case within six months.
Summary
The applicant filed an application under Section 528 of the B.N.S.S seeking to quash the criminal proceedings (Criminal Case No. 315 of 2021) arising from an alleged assault, abuse, and intimidation on 3 January 2019. The applicant contended that he did not commit the offences, that the injuries were minor, and that the investigation was flawed with no evidence presented to date. The State opposed the application. The Court observed that the allegations involve specific factual disputes regarding the applicant's role and the nature of injuries, which cannot be resolved in a Section 528 proceeding, and found no ground to interfere with the trial court’s cognizance. However, noting the prolonged delay and lack of evidence, the Court directed the trial court to dispose of the case within six months without unnecessary adjournments. The application was therefore dismissed, with a directive for expeditious trial disposal.
Issues considered
- Whether the High Court can quash criminal proceedings under Section 528 B.N.S.S when factual disputes exist.
- Whether there is any ground for interference with the trial court's cognizance of the offences under IPC sections 323, 504, 506, 325.
- Whether the Court should direct the trial court to dispose of the pending case expeditiously.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 325, 504, 506
Subjects
- Section 528 application
- quash criminal proceedings
- IPC offences
- assault
- criminal intimidation
- delay in trial
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9821 of 2026
Amar Bahadur
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Monis, Rahul Saroj
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the applicant and learned AGA for the
State.
2. The present application u/s 528 BNS has been filed with a prayer
to quash the entire proceedings of Criminal Case No. 315 of 2021
(State vs. Suresh and others), arising out of Case Crime No. 0007 of
2019, under Sections 323, 504, 506, 325 of IPC, P.S. Saraikhwaja,
District Jaunpur, as well as cognizance/summoning order dated
05.01.2021, passed by Additional Chief Judicial Magistrate 3rd,
Jaunpur.
3. The allegation against the applicant is that on 03.01.2019, he and
other co-accused persons committed mar-peet with the informant and
abused to him and also threatened to kill him and in the said incident,
the first informant has sustained injuries.
4. Learned counsel for the applicant has submitted that the applicant
has not committed any offence as alleged in the FIR. Neither he
abused the first informant nor beaten him. He has next submitted that
the injured persons have medically examined on 06.03.2019, in which
they have received simple injury caused by hard and blunt object. He
has further submitted that the investigating officer without proper
investigation, has submitted charge sheet against the applicant and
the trial court has taken cognizance against the applicant under
Sections 323, 504, 506, 325 IPC. He has next submitted that there is
no progress in the case pending before the trial court since long and
no evidence has been adduced till date.
NA528 No. 9821 of 2026
2
5. Learned AGA for the state has opposed the submission advanced
by the learned counsel for the applicant.
6. I have considered the submissions advanced by learned counsel
for the parties and perused the record.
7. From the perusal of the record, it transpires that the allegations
against the applicant are specific in nature regarding assault, abuse
and criminal intimidation. The medical report also indicates that
injuries were sustained by the informant, though stated to be simple
in nature. The submissions advanced by learned counsel for the
applicant relate to disputed questions of fact, including the role of the
applicant and the nature of injuries, which cannot be adjudicated
upon in proceedings under Section 528 B.N.S.S. At this stage, this
Court does not find any ground to interfere in the impugned
proceedings. However, considering the fact that the matter is pending
since long and no evidence has been led so far, the applicant
deserves liberty for expeditious disposal of the case.
8. Under the circumstances, the present application under Section
528 BNSS is finally disposed of with a direction to the trial court
concerned to decide the aforesaid case expeditiously, preferably,
within a period of six months, without granting unnecessary
adjournment to any party from the date of production of certified copy
of this order.
March 19, 2026
v.k. updh.
(Padam Narain Mishra,J.)
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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