Allahabad High Court
GOPAL PRASAD GOSWAMIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application to quash the charge‑sheet was dismissed.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash charge‑sheet No. 1019 of 2018 in State v. Gopal Prasad Goswami and others, which alleged offences under various IPC and IT Act provisions. The High Court examined the material and held that, at the pleading stage, it could not be said that no offence was made out against the accused; the disputes were factual and not suitable for a quash order. Consequently, the court declined the prayer to quash the charge‑sheet. The court further directed that if the accused are not on bail they may apply for bail within 45 days, and may move for discharge within the same period, with the trial court to dispose of such applications expeditiously. No coercive measures were to be taken against the applicants for 45 days or until the discharge application is disposed. The application was therefore dismissed.
Issues considered
- Whether the charge‑sheet in State v. Gopal Prasad Goswami can be quashed under Section 482 CrPC on the ground of lack of prima facie case or abuse of process.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120-B, 318, 379, 403, 406, 417, 418, 420, 477
- Information Technology Act — s. 66-C, 66-D
Subjects
- quash
- Section 482
- charge‑sheet
- abuse of process
- bail
- discharge
- Criminal Procedure Code
- Indian Penal Code
- Information Technology Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 22336 of 2019
Gopal Prasad Goswami
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Mishra, Sikandar B. Kochar,
Vijay Pratap Singh
Counsel for Opposite Party(s) : Anil Kumar Jaiswal, G.A., Km Preete,
Rajiv Lochan Shukla, Samit
Gopal(Elevated)
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Vijay Pratap Singh, learned counsel for the applicant, Ms.
Preete Chaudhary, 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 No. 1019 of 2018 dated 04.12.2018
proceedings of Case No. 28732 of 2018 (State v. Gopal Prasad Goswami and
others) arising out of Case Crime No. 796 of 2018 under Sections 379, 318,
403, 406, 417, 418, 420, 477, 120-B IPC and Sections 66-C and 66-D IT
Act, Police Station-Noida Sector-20, Disrict Gautam Buddha Nagar pending
in the Court of Chief Judicial Magistrate, District-Gautam Buddh Nagar
including the charge-sheet No. 1019 of 2018 dated 04.12.2018 as well as
order dated 22.04.2019.
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.
A482 No. 22336 of 2019
2
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.
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.
(Nand Prabha Shukla,J.)
May 5, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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