Allahabad High Court
KALLU BAKSHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The application to quash the charge sheet is refused as no abuse of process is made out.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash a charge sheet dated 30 September 2019 in case crime No. 533 of 2019, which alleged offences under Section 420 of the Indian Penal Code and Sections 3, 5 and 8 of the Cow Slaughter Act, 1955. The applicant contended that no offence was made out against him and that the prosecution was instituted with a mala fide intention to harass. The High Court held that none of the Supreme Court‑recognised grounds for quashing a complaint or proceeding were satisfied and that there was no abuse of the court's process. Consequently, the application to quash the charge sheet was refused, with the court directing the applicant to appear before the trial court within 20 days to move a discharge application, and ordering that no coercive measures be taken during that period. The court further directed the trial court on how to proceed depending on whether it finds the charge groundless or not, and finally disposed of the application.
Issues considered
- Whether the charge sheet can be quashed under Section 482 of the Criminal Procedure Code.
- Whether the prosecution constitutes an abuse of the process of the court.
- Whether the summoning court has the power to discharge the accused before framing of charges.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Cow Slaughter Act, 1955 — s. 3, 5, 8
- Indian Penal Code — s. 420
Subjects
- criminal procedure
- quash of charge sheet
- abuse of process
- discharge application
- Section 482 CrPC
- Section 420 IPC
- Cow Slaughter Act
Judgment
*HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 12674 of 2020
Kallu Baksh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhinav Gaur, Prateek Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the applicants, learned AGA for the State and
perused the record.
2. The present application has been filed to quash charge sheet dated
30.9.2019 arising out of case crime no.533 of 2019 under section- 420
I.P.C. and Section 3,5 and 8 of Cow Slaughter Act, 1955, Police Station
Kotwali, District-Mainpuri.
3. Learned counsel for the applicant submits that no offence is made out
against the applicant and that the present prosecution has been instituted
with a mala fide intention to cause harassment.
4. In the absence of any of the grounds recognized by the Supreme Court
which may justify the quashing of the complaint or the impugned
proceedings, the prayer for quashing the chargesheet is refused, as no abuse
of the process of the Court is made out. The summoning court is vested with
sufficient powers to discharge the accused even before the stage of framing
of charges, if, for reasons to be recorded, it considers the charge to be
groundless.
5. As requested, the applicant is permitted to appear before the concerned
court within 20 days from today through counsel and move an application
seeking discharge.
6. No coercive measures shall be adopted against the applicant for a period
of 20 days from today or till the filing of the discharge application,
whichever is earlier.
7. If the concerned court, after hearing the counsel for the accused, is
persuaded to take the view that the accused ought not to have been
A482 No. 12674 of 2020
2
summoned and that the charge is groundless, it shall not abstain from
discharging the accused merely on the ground that the material available at
the time of summoning is the same as that available at the time of
consideration of the discharge application.
8. On the other hand, if the court, after hearing the counsel for the accused,
holds the view that the accused has been rightly summoned and that the
material on record does not indicate the charges to be groundless, it shall
pass an order to that effect and proceed further in the matter in accordance
with law. It shall also be at liberty to adopt such measures as are permissible
in law to secure the presence of the accused.
9. In case, applicant or his counsel does not appear to press the discharge
application despite being afforded opportunity given by the trial court, the
trial court shall proceed to decide the same on merits after considering the
material available on record.
10. With the aforesaid observations, this application stands disposed of.
September 9, 2026
Gss
(Madan Pal Singh,J.)
Digitally signed by :-
GIRAJA SHANKER SHARMA
High Court of Judicature at Allahabad
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