Allahabad High Court

SHIVJI BAJPAIversusSTATE OF U.P. AND ANOTHER

Decided: 7 September 2026
Bench: MADAN PAL SINGH

Holding

The High Court held that the application for quashing under Section 482 CrPC must be dismissed as no abuse of process is shown and the trial court retains the power to discharge the accused if it deems the charge groundless.

Summary

The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 27.05.2021 and the cognizance order dated 11.08.2021 in Criminal Case No. 95762 of 2021, alleging that the prosecution was instituted with mala fide intent. The court examined whether any of the Supreme Court‑recognised grounds for quashing existed and whether there was any abuse of the court's process. Finding no such grounds, the court refused to quash the proceedings, noting that the trial court has the power to discharge the accused before framing of charges if it deems the charge groundless. The applicant was directed to appear before the trial court within 30 days and move a discharge application, with a stay on coercive measures during that period. The application was consequently disposed of.

Issues considered

Whether the High Court can quash the charge sheet and cognizance order under Section 482 CrPC in the absence of Supreme Court‑recognised grounds.
Whether the prosecution was instituted with mala fide intent amounting to abuse of process.
Whether the trial court may discharge the accused before framing of charges if the charge is deemed groundless.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 408, 420

Subjects

Section 482
quash
charge sheet
cognizance order
abuse of process
discharge of accused
Criminal Procedure Code
Indian Penal Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 39189 of 2024

Shivji Bajpai
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Santosh Kumar Tiwari
Counsel for Opposite Party(s) : G.A.

Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
2. The present application has been filed to quash charge sheet dated
27.05.2021 and cognizance order dated 11.08.2021 as well as entire
proceedings of Criminal Case no. 95762 of 2021 (State Vs. Shivji Bajpai)
arising out of case crime no.0004 of 2021 under section- 420 and 408 I.P.C.
Police Station Fzalganj, District-Kanpur Nagar.

3. Learned counsel for the applicant submits that no offence is made out
against the applicants 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 same 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 30 days from today through counsel and move an application
seeking discharge.

6. No coercive measures shall be adopted against the applicants for a period
of 30 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
A482 No. 39189 of 2024
2

persuaded to take the view that the accused ought not to have been
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 8, 2026
Akbar
(Madan Pal Singh,J.)

Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad

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