Shamsheed Ahmad And 2 Others vs State Of U.P. And Another
- Neutral2026:AHC:105525
Ratio decidendi
The rule this decision rests on
A court exercising jurisdiction under Section 528 BNSS will not quash criminal proceedings at the preliminary stage where the material on record discloses that an offence is made out against the applicants, as disputed questions of fact cannot be adjudicated upon at that stage; the power to quash proceedings is exercised only where there has been a failure of justice or an abuse of procedure. Where applicants are not on bail and appear or surrender through counsel before the Trial Court within 45 days, an application for bail shall be considered and disposed of expeditiously after giving the other side an opportunity to be heard. Where applicants move an application for discharge at an appropriate stage 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 or until the disposal of a discharge application, whichever is earlier, no coercive measures shall be taken against the applicants.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Mr. Peeyush Kumar Pathak, learned counsel for the applicants, 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 present Criminal Misc. Application and quash the entire proceeding of Criminal Case No. 1347 of 2025 headed as (State Versus Shamsheed Ahmad and others) arising out of Charge Sheet No. 208 of 2025 dated 01.08.2025 in connection with the Case Crime No. 242 of 2024 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station-Thakurdwara, District-Moradabad as well as Cognizance/Summoning order dated 01.09.2025 pending in the court of learned Judicial Magistrate Thakurdwara, Moradabad against the applicants.
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. In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and make 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 applicants move 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 applicants 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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