Dilip Kumar vs State Of U.P. And 2 Others
- Neutral2026:AHC:105225
Ratio decidendi
The rule this decision rests on
The power to quash criminal proceedings under Section 528 BNSS is exercised only where the Court finds that there has been a failure of justice or an abuse of procedure, and not where the questions arising are disputed questions of fact that require adjudication by the trial court. Where an applicant is not on bail and appears or surrenders through counsel before the trial court, an application for bail made within 45 days of the court's order must be considered and disposed of expeditiously after affording the other side an opportunity to be heard. An application for discharge filed through counsel within 45 days must be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks of its filing. For a period of 45 days or until the disposal of a discharge application, whichever is earlier, no coercive measures shall be taken against an applicant in the case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Sri Vivek Singh Shrinet, 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 to quash the entire proceeding of Case No. 25203 of 2024 (State Vs. Surjeet and others) arising out of Case Crime No. 61 of 2024 under sections 498-A, 323, 506, 341 IPC Police Station Gida, District Gorakhpur as well as Charge Sheet dated 09.03.2024 and the Cognizance order dated 16.05.2024 passed by the learned J.M. IIIrd, Gorakhpur.
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. In case, the applicant is not on bail, it is 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.
6. However, in the interest of justice, it is further provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 45 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.
7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, 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.)
May 7, 2026
Puspendra
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