Allahabad High Court
SATNAM SINGH @ SATTAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the charge sheet and criminal proceedings is declined.
Summary
Satnam Singh @ Satta filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the charge sheet dated 17‑09‑2024 and the ensuing criminal proceedings (Case No. 3529/2025) for offences under Sections 420, 467, 468, 471 and 120B IPC. The High Court examined the material and held that, at this preliminary stage, it could not conclude that no offence was made out against the applicant, as the matters raised were factual disputes that cannot be decided by the court at this juncture. Consequently, the court declined the prayer for quashing the charge sheet. The court directed that if the applicant is not on bail, he may apply for bail within 45 days, and any application for discharge must be decided by the trial court within six weeks, with no coercive measures to be taken against him for 45 days or until the discharge application is disposed. The application was therefore dismissed.
Issues considered
- Whether the High Court can quash the charge sheet and criminal proceedings under Section 528 of the CrPC on the ground of alleged lack of offence.
- Whether there is a failure of justice or abuse of process warranting the exercise of the power to quash.
- Whether factual disputes raised by the applicant can be adjudicated at the stage of a Section 528 application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- quash of charge sheet
- Section 528 CrPC
- criminal procedure
- bail
- discharge
- abuse of process
- factual dispute
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13433 of 2026
Satnam Singh @ Satta
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vidya Kant Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Vidya Kant Rai, learned counsel for the applicant, 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 allow this application and quash the charge sheet dated
17.09.2024 submitted by Police of Police Station-Gajraula, District-
Pilibhit including entire criminal proceeding in Case No. 3529/2025
(State vs. Satnam Singh @ Satta) arising out of Case Crime No. 152 of
2024, under Sections 420, 467, 468, 471 and 120B I.P.C., P.S.-Gajraula,
District-Pilibhit as well as order of cognizance and summoning dated
09.04.2025 passed by learned Additional Chief Judicial Magistrate-1,
Pilibhit and to stay further criminal proceeding of 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 applicant. 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 applicant is not on bail, it is directed that if the applicant
appears or surrenders through counsel before the Trial Court and makes
NA528 No. 13433 of 2026
2
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. Further, it is provided that in case the applicant moves 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
applicant in the aforesaid case.
8. With the aforesaid direction, this application is disposed of.
(Nand Prabha Shukla,J.)
September 8, 2026
Shivani Sri.
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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