Allahabad High Court
NA528/36123/2026 of DHEERAJ Vs STATE OF U.P. AND ANOTHER. on 7 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36123 of 2026 Court No. - 77 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Ajay Kumar, 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
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36123 of 2026
Court No. - 77
HON'BLE NAND PRABHA SHUKLA, J.
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1. Heard Mr. Ajay Kumar, 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 quash the entire proceedings of Case No.422 of 2026 (State Vs. Dheeraj), arising out of Case Crime No.255 of 2025, under Sections 115(2), 352, 351(3), 131, 126(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station-B.B. Nagar, District-Bulandshahar, presently pending in the Court of the learned Additional Chief Judicial Magistrate, Court No.2, District- Bulandshahar as well as charge-sheet dated 12.12.2025 filed in Case Crime No.255 of 2025, under Sections 115(2), 352, 351(3), 131, 126(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station-B.B. Nagar, District- Bulandshahar.
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 Versus Counsel for Applicant(s) : Ajay Kumar Counsel for Opposite Party(s) : G.A. Dheeraj .....Applicant(s) State Of U.P. And Another. .....Opposite Party(s)
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. Further, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six 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. October 8, 2026 Aditya Tripathi NA528 No. 36123 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad