Rajesh Kumar vs State Of U.P. And Another
- Neutral2026:AHC:106082
Ratio decidendi
The rule this decision rests on
Where an application seeks to quash criminal proceedings, the High Court will not exercise its power of quashing at the stage of cognizance where the allegations, if accepted, constitute offences against the applicant, and the submissions relate to disputed questions of fact; such power to quash is exercised only where there has been a failure of justice or abuse of procedure, or to prevent abuse of process and secure the ends of justice. Where a bail application is moved before the Trial Court by an applicant not on bail, and made within 45 days from the date of a High Court order, the Trial Court shall consider and dispose of such application expeditiously after giving opportunity to the other side. Where an applicant moves an application for discharge before the Trial Court at an appropriate stage within 45 days from the date of a High Court order, 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 a High Court order, or until the disposal of a discharge application whichever is earlier, no coercive measures shall be taken against an applicant in the criminal case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Sri Mukhtar Alam, learned Senior Advocate assisted by Ms. Anushka Devi, learned counsel for the applicant, learned AGA for the State and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed to allow this petition and quash the entire proceeding of Criminal Case no. 740 of 2025, State Vs. Rajesh Kumar and others, under sections 498A, 323, 504, 506, 354B of I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District-Sambhal, charge-sheet dated 17.02.2025 and the order of cognizance dated 02.08.2025, pending in the court of learned Judicial Magistrate, Sambhal at Chandausi, arising out of case crime no. 139 of 2024.
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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