Allahabad High Court

VANSH PRATAP SINGHversusSTATE OF U.P. AND ANOTHER

Decided: 7 September 2026
Bench: NAND PRABHA SHUKLA

Holding

The Court declined to quash the charge sheet, holding that factual disputes cannot be resolved at the stage of a Section 528 application.

Summary

The applicant, Vansh Pratap Singh, filed an application under Section 528 of the BNSS seeking to quash the charge sheet, cognizance order, and proceedings in a criminal case arising from FIR allegations under IPC sections 191(2), 115(2) and 352. The applicant argued that the FIR was based on false and frivolous allegations, lacked video evidence, and that the victim’s statement under Section 161 CrPC indicated no desire to prosecute. The Court examined the record and held that at the pleading stage it could not be said that no offence was made out against the applicant and that the matters raised were factual disputes not suitable for quash. Consequently, the Court declined the prayer for quashing, but directed that if the applicant is not on bail he may apply for bail within 45 days, and that any discharge application be decided by the trial court within six weeks, with a stay on coercive measures for 45 days or until discharge is disposed. The application was therefore dismissed.

Issues considered

Whether an application under Section 528 BNSS can be entertained to quash a charge sheet when the allegations are contested on factual grounds.
Whether the existence of alleged false allegations and lack of video evidence amounts to abuse of process warranting quash.
Whether the Court should direct bail or discharge procedures pending trial.

Legislation cited

BNSS Act — s. 528
Code of Criminal Procedure, 1973 — s. 161, 528
Indian Penal Code — s. 115, 191, 352

Subjects

quash
Section 528
BNSS
charge sheet
false FIR
abuse of process
bail
discharge application
Criminal Procedure Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14361 of 2026

Vansh Pratap Singh
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Lalji Yadav, Yashpal Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Yashpal Yadav, 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 quash the Charge Sheet dated 17.09.2024, Order taking
Cognizance dated 22.08.2025 and the proceedings initiated against the
applicant in pursuance thereof, at Criminal Case No. 6530 of 2025 (State Vs
Harshit) arising out of Case crime No. 92 of 2024 U/S 191(2), 115(2) 352
BNS, P.S- Babri, District Shamli and pending before Additional Civil Judge
(JD) / J.M., Court No. 1, Kairana, District-Shamli.

3. Learned counsel for the applicant submits that the instant FIR has been
lodged on the basis of false and frivolous allegations. There is no video
clipping to substantiate the allegations made in the FIR. It has further been
submitted that in the statement recorded under Section 161 Cr.P.C., the
victim has stated that he does not want to proceed against the accused.

4. 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.
NA528 No. 14361 of 2026
2

5. Accordingly, prayer for quashing is declined.

6. 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 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.

7. Further, it is provided that in case the applicants move 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.

8. 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.

9. With the aforesaid direction, this application is disposed of.

(Nand Prabha Shukla,J.)
September 8, 2026
Aditya Tripathi

Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad

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