SARVESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/17376/2026 · 2026-05-05
Nand Prabha Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3699 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3699 (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. - 17376 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Manoj Kumar, learned counsel for the applicants, Sri Harendra Yadav, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed to allow this application and quash the entire criminal proceedings including the impugned charge sheet No.41 of 2026 dated 27.01.2026 and summoning order dated 11.03.2026 passed by the learned Chief Judicial Magistrate, Kanpur Nagar in Criminal Case No. 27650 of 2026 (State Vs. Sarvesh and others), arising out of the Case Crime No. 643 of 2025, under Sections 85, 115(2), 352, 351(2) Β.N.S. and Sections 3/4 Dowry Prohibition Act, Police Station-Chakeri, District- Purvi (Commissionerate Kanpur Nagar), pending before the learned Chief Judicial Magistrate, Kanpur Nagar. 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 Versus Counsel for Applicant(s) : Manoj Kumar, Vinay Kumar Counsel for Opposite Party(s) : G.A., Harendra Yadav Sarvesh Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. May 6, 2026 Puspendra NA528 No. 17376 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad