Allahabad High Court
SALIGRAM AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court held that the application for quashing cannot be entertained as a prima facie case exists and the matters involve factual disputes, therefore the prayer is refused.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the criminal proceedings (Complaint Case No. 75580 of 2023) filed under Sections 452 and 323 of the IPC, alleging that the case stemmed from a civil dispute and was instituted maliciously. The court observed that the contentions raised by the applicants pertained to disputed facts and evidence, which cannot be decided at the interlocutory stage under Section 528. Referring to Supreme Court precedents, the court held that a prima facie case must be established before a proceeding can be quashed. Since the material on record did not show the absence of any offence, the application for quashing was rejected. Consequently, the summons order and the criminal proceedings were allowed to continue.
Issues considered
- Can the criminal proceedings under Sections 452 and 323 IPC be quashed under Section 528 of the B.N.S.S. on the ground that the dispute is civil in nature and no offence is made out?
- Is the court empowered to entertain a quash petition at this stage when the matters involve factual disputes and require evidence appraisal?
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 452
Subjects
- Section 528
- quash petition
- criminal proceeding
- civil dispute
- prima facie case
- jurisdiction
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15694 of 2026
Saligram And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Subhash Chand Kanaujia
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. This application under Section 528 of B.N.S.S., has been
filed for quashing the entire proceedings of Complaint Case
No. 75580 of 2023 (Saligram and others Vs. Narendra Singh)
under Sections 452, 323 I.P.C., Police Station Rajawali,
District Firozabad, pending before learned Judicial Magistrate,
Firozabad as well as to quash the summoning order dated
14.10.2024 passed in the aforesaid case.
2. Learned counsel for the applicants has contended that civil
dispute has been dragged in criminal prosecution of the
applicants. He further submits that no offence against the
applicants is disclosed and the present prosecution has been
instituted with a malafide intention for the purpose of causing
harassment. He pointed out certain documents and statements
in support of his contention.
3. At this stage, the argument raised by learned counsel for the
applicants involves adjudication of a factual dispute and
appraisal of evidence.
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 applicants at this stage. All the
submissions made at the bar, relate to the disputed questions of
fact, which cannot be adjudicated upon by this Court under
Section 528 of B.N.S.S., At this stage only prima facie case is
to be seen in the light of the law laid down by Supreme Court
in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C.
866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426,
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq
and another (Para-10) 2005 SCC (Cr.) 283.
NA528 No. 15694 of 2026
2
5. The prayer for quashing the entire proceeding as well as
summoning order is refused.
6. The application stands dismissed.
(Dr. Gautam Chowdhary,J.)
April 20, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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