DEVENDRA KUMAR SOLANKI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/14738/2026 · 2026-09-07
Nand Prabha Shukla
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4830 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4830 (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. - 14738 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Ashutosh Shukla, 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 proceedings of Case No. 592/2026 (State vs Devendra Kumar Solanki & Another) arising out of Case Crime No. 123/2025 under Sections 76, 78, 115(2), 352 BNS, Police Station Sungarhi, District Pilibhit, including charge sheet dated 19.11.2025 as well as cognizance and summoning order dated 20.01.2026. 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. Versus Counsel for Applicant(s) : Ashutosh Shukla, Ujjwal Shukla Counsel for Opposite Party(s) : G.A. Devendra Kumar Solanki And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Further, it is provided that in case the applicants move 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 applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of.
September 8, 2026 Puspendra NA528 No. 14738 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad