Allahabad High Court

AMAN FAUJI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: CHAWAN PRAKASH

Holding

The Court held that a prima facie case exists and therefore the application for quashing under Section 528 CrPC is dismissed.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal case, charge sheet dated 20.08.2022 and summons order dated 13.02.2024 in State vs. Aman Fauji and others, alleging false implication. The State opposed, contending that the FIR, investigation statements, and charge sheet established a prima facie case. The Court examined the material and held that the disputed facts and defence could not be decided at the interlocutory stage and that a prima facie case existed. Relying on Supreme Court precedents, the Court found no ground to set aside the proceedings. Consequently, the application for quashing was refused and dismissed.

Issues considered

Whether an application under Section 528 CrPC can be entertained to quash a criminal proceeding when a prima facie case exists.
Whether the charge sheet and summons order may be set aside on the ground that no offence is made out against the applicants.
Whether the court can adjudicate disputed facts and defences at the stage of a Section 528 application.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 147, 149, 504, 506

Subjects

Section 528 CrPC
quash criminal proceeding
prima facie case
charge sheet
summons order
Indian Penal Code
criminal law
court jurisdiction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2443 of 2026

Aman Fauji And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)

Counsel for Applicant(s) : Ashish Kumar Mishra
Counsel for Opposite Party(s) : G.A.

Court No. - 79
HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Vipin Shukla, Advocate holding brief of Sri Ashish Kumar
Mishra, learned counsel for the applicants, Sri Durgesh Kumar Tripathi,
learned Brief Holder for the State and perused the record.

2. The applicants filed the present application under Section 528 B.N.S.S. to
quash entire proceeding of Criminal Case and charge sheet dated 20.08.2022
as well as summoning order dated 13.02.2024 in Case No. 5423 of 2024
(State Vs. Aman Fauji and others), arising out of Case Crime No. 251 of
2021, under Sections 147, 149, 504, 506 I.P.C., Police Station Ganganagar,
District Meerut, pending in the court of Additional Chief Judicial Magistrate,
Court No. 6, Meerut.

3. Learned counsel for the applicants submitted that the applicants are
innocent, they have not committed the alleged offence but they have been
falsely implicated in this case. The opposite party no. 2 lodged a first
information report as case Crime No. 251 of 2021, under Sections 147, 149,
504, 506 I.P.C., Police Station Ganganagar, District Meerut against the
applicants regarding the incident dated 08.10.2021. During investigation,
statement of S.I. Latosh Kumar Gautam was recorded which shows that he
was not medically examined and he has not received any injury. Statements
of other persons of the locality were also recorded. After investigation,
charge sheet was submitted and the learned Magistrate has taken cognizance.
On the basis of first information report, no case is made out against the
applicants, therefore, cognizance/summoning order as well as charge sheet is
liable to be set aside.

4. Per contra, learned A.G.A. vehemently opposed the submissions made by
NA528 No. 2443 of 2026
2

learned counsel for the applicants and submitted that opposite party no. 2
lodged a first information report against the applicants. During investigation,
statements of informant and other witnesses were recorded wherein they
supported the prosecution version. After investigation, charge sheet was
submitted against the applicants and the learned Magistrate has taken
cognizance. He further submitted that on the basis of evidence collected
during investigation, it cannot be said that no offence is made out against the
applicants, therefore, application is liable to be dismissed.

5. As per facts of the case, a first information report as case Crime No. 251
of 2021, under Sections 147, 149, 504, 506 I.P.C. was registered at Police
Station Ganganagar, District Meerut against the applicants. During
investigation, statements of informant and other witnesses were recorded.
After investigation, charge sheet was submitted against the applicants and
the learned Magistrate has taken cognizance.

6. From the perusal of material on record and the facts of the case, at this
stage, it cannot be said that no offence is made out against the applicants. All
the submissions made at the bar relates to the disputed questions of fact,
which cannot be adjudicated upon by this Court in exercise of power
conferred under Section 528 B.N.S.S.. At this stage, only prima facie case to
be considered in the light of the law laid down by Supreme Court in the case
of RP Kapoor Vs. State of Punjab, AIR 1990 SC 66; State of Haryana Vs.
Bhajan Lal, 1992 SCC (Criminal) 426; and State of Bihar Vs. P.P.
Sharma, 1992 SCC (Criminal) 192. The disputed defence of the applicants
cannot be considered at this stage.

7. Considering the facts and circumstances of the case, I do not find any
ground to quash the aforementioned case, therefore, the prayer for quashing
the same is hereby refused and the application is dismissed.

May 5, 2026
Rmk.

(Chawan Prakash,J.)

Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad

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