Jaswant Singh vs State Of U.P. And Another
- Neutral2026:AHC:105984
Ratio decidendi
The rule this decision rests on
Where an application seeks to quash a charge sheet and summoning order on grounds that involve disputed questions of fact, the High Court will not exercise its power under Section 528 BNSS to quash the proceedings, as such factual disputes must be adjudicated by the Trial Court; the High Court's power to quash is confined to cases where there has been a failure of justice or abuse of procedure. Where an applicant is not on bail and appears or surrenders through counsel before the Trial Court within 45 days, any bail application made at that time shall be considered and disposed of expeditiously after affording the other side an opportunity to be heard. Where an applicant moves an application for discharge through counsel within 45 days, the Trial Court shall dispose of such application by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 45 days from the date of the order, or until the disposal of a discharge application, whichever is earlier, no coercive measures shall be taken against the applicant.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Mr. Yogesh Kumar, holding brief of Mr. Rajat Sharma, 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 the instant Application and quash the charge sheet dated 17.10.2024 as well as Summoning order dated 21.07.2025 passed by learned Judicial Magistrate 2nd, Banda in Case No. 206 of 2025 (State Vs Jaswant and others) arising out of Case Crime No. 62 of 2024, Police Station-Mahila Thana, District-Banda, under Sections 85, 115(2), 351(3), and 352 BNS whose corresponding Sections are 498A, 323, 504 & 506 of IPC.
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
Shivani Sri.
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