HRIDAY NARAYAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/14485/2026 · 2026-09-07
Nand Prabha Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5586 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5586 (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. - 14485 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Rajiv Chowdhury, learned counsel for the applicants, Mr. Ankit Kapoor, learned counsel for the 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 with a prayer to quash the charge sheet dated 16.01.2023 submitted in Case Crime No. 578 of 2022 under Sections 323, 504, 506, 427 I.P.C. Police Station Chaubeypur, District Varanasi as well as cognizance order dated 18.10.2024 passed by A.C.J.M.-VI, Varanasi in the aforesaid case. 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 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. Versus Counsel for Applicant(s) : Rajiv Chowdhury Counsel for Opposite Party(s) : Ankit Kapoor, G.A. Hriday Narayan And 3 Others .....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 Aditya Tripathi NA528 No. 14485 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad