Allahabad High Court
JAWAHAR LALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The application for quash under Section 528 CrPC was refused as no ground for quashing or abuse of process was established, and the accused may seek discharge before framing of charges.
Summary
The applicant Jawahar Lal filed an application under Section 528 of the CrPC seeking to quash the charge-sheet and summoning order in a case under Section 354 IPC. He alleged that the prosecution was malicious and intended to harass him. The High Court examined whether any of the Supreme Court‑recognised grounds for quashing existed and found none, concluding that there was no abuse of the court’s process. Consequently, the court refused to quash the proceedings but directed the applicant to appear before the trial court within 20 days to move a discharge application. The court further instructed that if the trial court finds the charge groundless, it may discharge the accused, otherwise it should proceed with the case in accordance with law.
Issues considered
- Whether the charge-sheet and summoning order can be quashed under Section 528 CrPC.
- Whether the prosecution constitutes an abuse of the court's process.
- Whether the trial court may discharge the accused before framing of charges if the charge is found groundless.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 354
Subjects
- Section 528 CrPC
- quash of criminal proceeding
- Section 354 IPC
- abuse of process
- discharge application
- procedural law
- summoning order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 30872 of 2025
Jawahar Lal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : J Shubham, Jitendra Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the parties and perused the record.
2. The present appeal has been filed to quash the charge-sheet dated 31-
03-2024, cognizance/summoning order dated 18-09-2024 as well as
entire proceedings of Case No. 10006 of 2024 arising out of case crime
no. 53 of 2024, under Section 354 IPC, P.S. Sector-126, district
Gautam Buddh Nagar.
3. Learned counsel for the appellant submits that no offence is made out
against the appellant and that the present prosecution has been
instituted with a mala fide intention to cause harassment.
4. In the absence of any of the grounds recognized by the Supreme Court
which may justify the quashing of the complaint or the impugned
proceedings, the prayer for quashing the same is refused, as no abuse
of the process of the Court is made out. The summoning court is vested
with sufficient powers to discharge the accused even before the stage
of framing of charges, if, for reasons to be recorded, it considers the
charge to be groundless.
5. As requested, the appellant is permitted to appear before the concerned
court within 20 days from today through counsel and move an
application seeking discharge.
6. No coercive measures shall be adopted against the appellant for a
NA528 No. 30872 of 2025
2
period of 20 days from today or till the filing of the discharge
application, whichever is earlier.
7. If the concerned court, after hearing the counsel for the accused, is
persuaded to take the view that the accused ought not to have been
summoned and that the charge is groundless, it shall not abstain from
discharging the accused merely on the ground that the material
available at the time of summoning is the same as that available at the
time of consideration of the discharge application.
8. On the other hand, if the court, after hearing the counsel for the
accused, holds the view that the accused has been rightly summoned
and that the material on record does not indicate the charges to be
groundless
9. it shall pass an order to that effect and proceed further in the matter in
accordance with law. It shall also be at liberty to adopt such measures
as are permissible in law to secure the presence of the accused.
10. With the aforesaid observations, this appeal stands disposed of.
(Madan Pal Singh,J.)
September 8, 2026
pks
Digitally signed by :-
PANKAJ KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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