SUNIL KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/10839/2026 · 2026-03-24
Nand Prabha Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10839 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Neeraj, 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 this application and to quash the entire proceeding of Case No. 15256 of 2025 (State Vs. Sunil and others) arising out of Case Crime No. 215 of 2025, under Sections 498A, 323, 506, 354 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, Police Station- Etmadpur, District-Agra and the charge sheet No. 187 of 2025 dated 29.05.2025 and cognizance order dated 05.08.2025 and the bailable warrant dated 20.02.2026. 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 Versus Counsel for Applicant(s) : Neeraj Counsel for Opposite Party(s) : G.A. Sunil Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. March 25, 2026 Shivani NA528 No. 10839 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad