Allahabad High Court
SUNIL KUMAR @ BABLOOversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The court held that the allegations do not prima facie disclose an offence under Sections 419 and 420 IPC and the proceedings amount to an abuse of process, thereby quashing them.
Summary
The applicant filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (Case No.16686 of 2024) arising from an FIR alleging that he procured a forged character certificate while a criminal case was pending against him. The FIR led to a charge‑sheet under Sections 419 and 420 of the Indian Penal Code. The applicant contended that the FIR was based on false facts and that, even if accepted, no offence was made out, rendering the proceedings an abuse of process. The court examined the allegations and the evidence and found that the essential ingredients of cheating under Sections 419 and 420 IPC were absent, and no prima facie case existed. Consequently, the court held that the continuation of the proceedings amounted to an abuse of the process of law and quashed the entire case.
Issues considered
- Whether the criminal proceedings under Sections 419 and 420 IPC disclose a prima facie case of cheating.
- Whether the proceedings constitute an abuse of process of law warranting quash under Section 528 of the BNSS.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 419, 420
Subjects
- quash
- abuse of process
- Section 528 BNSS
- Section 419 IPC
- Section 420 IPC
- forged character certificate
- cheating
- prima facie case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 27957 of 2025
Sunil Kumar @ Babloo
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kuldeep Singh Chahar
Counsel for Opposite Party(s) : G.A., Raghubir Singh
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Sri Kuldeep Singh Chahar, learned Counsel for the applicant,
learned A.G.A. for the State of U.P., Sri Raghubir Singh, learned Counsel
for the opposite party no.2 and perused the record.
2. This application under Section 528 of BNSS has been filed for
quashing the entire proceedings of Case No.16686 of 2024 arising out of
Case Crime No.0351 of 2023, under Sections 419 and 420 I.P.C., Police
Station Kirawali, District Agra as well as charge-sheet dated 31.12.2023
and summoning order dated 12.08.2024.
3. The brief facts of the case are that opposite party No.2 lodged an FIR
against the applicant, stating that he got forged character certificate
executed in his favour despite a criminal case being pending against him.
Consequently, an FIR under Sections 419 and 420 I.P.C. was lodged and
after investigation, charge-sheet has been filed against the applicant under
the said sections. The concerned court took cognizance of the offence and
summoned the applicant.
4. It is submitted by learned Counsel for the applicant that the FIR has
been lodged on false and concocted facts, and even if the prosecution case
is accepted in its entirety, no offence is made out against the applicant.
Therefore, the entire criminal proceedings are nothing but an abuse of the
process of law.
5. Per contra, learned Counsel for opposite party no. 2 opposed the
NA528 No. 27957 of 2025
2
submissions advanced by learned counsel for the applicant but could not
explain what offence is made out against the applicant.
6. Learned A.G.A. also opposed the submissions made on behalf of the
applicant.
7. Considering the submissions of both parties and upon perusal of the
record, it is evident that the only allegation against the applicant is that he
procured a forged character certificate in his favour despite a criminal
case being pending against him. The Investigating Officer, after recording
the statement of the first informant, has filed charge-sheet before the court
concerned under Sections 419 and 420 I.P.C. However, the allegations
levelled and the evidence collected by the Investigating Officer do not
prima facie disclose the commission of any offence punishable under the
said sections.
8. Essentially, the ingredients of the offence of cheating, deceiving any
person and fraudulently or dishonestly inducing that person to deliver any
property, or to do or omit to do anything likely to cause damage or harm
are missing in the present case. Therefore, the pendency of the entire
proceedings amounts to nothing but an abuse of the process of law.
9. In view of the above, the present application is allowed and entire
proceedings of Case No.16686 of 2024 arising out of Case Crime
No.0351 of 2023, under Sections 419 and 420 I.P.C., Police Station
Kirawali, District Agra as well as charge-sheet dated 31.12.2023 and
summoning order dated 12.08.2024 are hereby quashed.
(Sanjiv Kumar,J.)
May 7, 2026
Amit
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
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