Created by Fuzzy Cloud

Allahabad High Court

KRIPAL SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that there was no ground to invoke its inherent jurisdiction under Section 528 BNSS to quash the charge‑sheet and dismissed the application.

Summary

Kripal Singh filed an application under Section 528 BNSS seeking to quash Criminal Case No. 5928 of 2021, alleging false implication and lack of evidence. The State opposed, contending that the issues were factual and that at the stage of taking cognizance only a prima facie case is required. The court observed that the applicant’s claim of having no criminal history was contradicted by the AGA’s finding of another pending case, invoking the Supreme Court’s ‘clean‑hands’ principle as laid down in S.B. Noronah vs Union of India and M/s Tomorrowland Limited vs Housing and Urban Development Corporation Limited. Relying on those precedents, the court held that there was no ground to invoke its inherent jurisdiction under Section 528 BNSS to quash the charge‑sheet. Accordingly, the application for quashing was dismissed.

Issues considered

  • Whether the High Court can quash criminal proceedings under Section 528 BNSS on the ground of false implication.
  • Whether the presence of a pending criminal case or lack of ‘clean hands’ bars relief under Section 528 BNSS.
  • Whether the court may examine the merits of evidence at the stage of taking cognizance.

Legislation cited

Subjects

  • quash
  • criminal proceedings
  • Section 528 BNSS
  • inherent jurisdiction
  • clean hands doctrine
  • prima facie case
  • charge sheet

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 22837 of 2026

Kripal Singh
                                                             .....Applicant(s)
                                      Versus

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

Counsel for Applicant(s)      : Aditya Pratap Mishra, Manoj Kumar
                                Mishra
Counsel for Opposite Party(s) : G.A., Rohan Gupta

Court No. - 79
                  HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for parties.

2. The present application under Section 528 BNSS, has been filed for
quashing the entire proceedings of Criminal Case No. 5928 of 2021 (State
vs. Ravindra Kumar and others), arising out of Case Crime No. 725 of
2020, under Sections 420, 467, 471, 452, 323, 504, 506, 34 IPC, Police
Station- Muradnagar, District- Ghaziabad and charge sheet dated 9.9.2021
and cognizance order dated 16.2.2022.

3. It is contended by learned counsel for applicant that applicant has been
falsely implicated in the present case due to mala fide intention and ulterior
motive of opposite party no. 2. From perusal of documentary evidences, no
offence punishable in pursuance of aforesaid sections is made out against the
applicants and as such impugned cognizance order and charge sheet are
liable to be quashed and set aside.

5. Per contra, learned counsel for opposite party no. 2 vehemently
opposed the prayer sought through instant application by way of
submitting that the contentions, which are sought to be raised on behalf of
applicant, would relate to disputed questions of fact, and would involve
appreciation of evidence. It is also submitted that at the time of taking
cognizance, only a prima facie case is to be seen and the court concerned is
not expected to hold a mini trial.
                                                                                         NA528 No. 22837 of 2026
                                                                   2


                                    6. In compliance to earlier order dated 7.7.2026, learned AGA came up
                                    with the instructions that one more criminal history case is pending
                                    against the applicant but at the time of filing instant application, it is
                                    clearly averred in the narration of the paragraph no. 24 of the instant
                                    application that applicant has no criminal history except the present case,
                                    meaning thereby applicant has not come up with clean hands and as such
                                    no interference is required by this Court since in catena of judgments
                                    rendered by Hon'ble Apex Court such as in case of S.B.Noronah vs.
                                    Union of India reported in AIR Online 1994 SC 124 as well as in case of
                                    M/s Tomorrowland Limited vs. Housing and Urban Development
                                    Corporation Limited and another reported in [2025] 2 S.C.R 998
                                    wherein it has been held that no indulgence or relief would be granted in
                                    favour of any litigant who has not approached to the Court with 'clean
                                    hands'.

                                    7. Accordingly, this Court does not find any good ground to invoke its
                                    inherent jurisdiction under Section 528 BNSS for quashing the impugned
                                    charge-sheet or the consequential criminal proceedings and as such, the
                                    present application is hereby dismissed.



                                                                                      (Saurabh Srivastava,J.)
                                    September 8, 2026
                                    Shaswat




Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.