A pending criminal appeal cannot be quashed via a separate petition under Section 528 BNSS.

The petitioner filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking to quash a pending Criminal Appeal (CRA No. 11876/2022) filed by the State against his acquittal in a prior criminal case (ST No. 259/2015).

The petitioner further sought a declaration that his arrest and remand were void, an inquiry into the conduct of public officers for allegedly filing a frivolous appeal based on fabricated evidence, exemplary costs, and interim compensation.

The petitioner requested to club this miscellaneous criminal case with the pending State appeal.

1. Whether a pending Criminal Appeal before the High Court can be quashed or set aside through a miscellaneous petition filed under Section 528 of the BNSS.

2. Whether the petitioner is entitled to exemplary costs and compensation for the alleged "abuse of process" by the State in filing an appeal against acquittal.

Section 528 of the BNSS, 2023 (analogous to Section 482 of the CrPC) regarding the inherent powers of the High Court to prevent abuse of process or secure the ends of justice.

Dnyandeo Sabji Naik and Anr. vs. Pradnya Prakash Khadekar and Ors. (2017) 5 SCC 496, which mandates that courts must penalize litigants who misuse the judicial process to ensure that the doors of justice remain open for genuine grievances.

The High Court observed that because a formal Criminal Appeal (CRA No. 11876/22) is already pending, all grievances regarding the maintainability of the State's appeal or the alleged falsity of documents must be raised within that specific proceeding.

The court held that there is no legal provision allowing a High Court to quash a pending Criminal Appeal through a separate miscellaneous criminal case (M.Cr.C.).

Applying the logic from Dnyandeo Sabji Naik, the court determined that it was actually the petitioner who had initiated "unnecessary" and "baseless" litigation by filing the present petition instead of contesting the existing appeal, thereby wasting judicial resources.

The petition was dismissed with a cost of Rs. 5,000/- to be deposited by the petitioner with the State Legal Services Authority, Jabalpur, within one month for filing a baseless application.