Allahabad High Court
RIFAQATversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 BNSS is dismissed as no ground exists for the Court to quash the charge‑sheet or the criminal proceedings.
Summary
The applicant filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet dated 12‑12‑2019, the cognizance and summoning order dated 22‑05‑2020, and the entire criminal proceedings in State v. Ravi Tiwari (Case No.1248 of 2020) relating to offences under Sections 352 and 389 IPC. The applicant later limited the prayer to an order directing that the trial be expedited within the period fixed by the Court. The High Court examined the FIR, charge‑sheet and the impugned order and found no statutory ground for interference or for setting aside the proceedings. Consequently, the Court refused the prayer to quash the charge‑sheet and dismissed the application. The Court indicated that the applicant may file a fresh application under Section 529 BNSS for expediting the trial, to which the respondent’s counsel raised no objection.
Issues considered
- Whether an application under Section 528 BNSS can be entertained to quash a charge‑sheet, cognizance order and the entire criminal proceedings in the present case.
- Whether there exist sufficient grounds under the BNSS for the High Court to interfere with and set aside the charge‑sheet and proceedings.
Legislation cited
- BNSS — s. 528, 529
- Indian Penal Code — s. 352, 389
Subjects
- criminal procedure
- quash of charge‑sheet
- Section 528 BNSS
- Section 529 BNSS
- expediting trial
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 31737 of 2026
Rifaqat
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The instant application under section 528 BNSS has been preferred to
quash the charge-sheet dated 12.12.2019 along with
cognizance/summoning order dated 22.05.2020 as well as the entire
proceedings of Case No.1248 of 2020, (State vs. Ravi Tiwari and others),
arising out of Case Crime No.633 of 2019, under Sections 352, 389 IPC,
P.S. Kotwali, District Shahjahanpur, pending in the court of learned
C.J.M. Shahjahanpur.
3. After arguing at some length learned counsel for applicant confined his
prayer only to the extend that trial proceedings be expedited within the
stipulated period as fixed by this Court.
4. On perusal of the narration of FIR as well as impugned order and
charge-sheet, this Court does not find it to be a case where interference of
this Court is required. No such ground appears to be available in the
present application, on the basis of which, impugned order along with
charge-sheet and entire criminal proceedings of the said case, can be set
aside.
5. Accordingly, the prayer sought through the instant application, is
refused.
6. So far as prayer regarding expedite the proceedings of trial is
NA528 No. 31737 of 2026
2
concerned, the applicant will be at liberty to prefer fresh application under
Section 529 BNSS before appropriate Bench, to which learned AGA has
no objection.
7. With the aforesaid observation the application stands dismissed.
September 14, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
Checking your session…