Allahabad High Court
HUSSAIN ZAIDI ALIAS GUDDUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The Court held that the application for quashing under Section 528 B.N.S.S. must be refused as no abuse of process or recognised ground for quashing was established.
Summary
The applicant, Hussain Zaidi, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge‑sheet, summons and the entire criminal proceedings (Criminal Case No. 265 of 2025) arising from a Section 420 IPC offence. The applicant alleged that the prosecution was instituted mala fide to harass him and that no offence was made out. The Court examined whether the grounds recognized by the Supreme Court for quashing a complaint existed and whether there was any abuse of the court’s process. Finding no such grounds, the Court refused to quash the proceedings, noting that the summoning court has power to discharge the accused before framing charges if it deems the charge groundless. The applicant was directed to appear before the trial court within 15 days to move a discharge application, and no coercive measures were to be taken during that period. The application was dismissed and the matter was disposed of.
Issues considered
- Whether an application under Section 528 B.N.S.S. can be entertained to quash a charge‑sheet and summons when no Supreme Court‑recognised grounds for quashing exist.
- Whether the prosecution was instituted with mala fide intent constituting abuse of the court’s process.
- Whether the summoning court can discharge the accused before framing of charges on the basis of groundless charge.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 420
Subjects
- quash
- charge-sheet
- Section 528
- discharge application
- abuse of process
- criminal procedure
- Section 420 IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32353 of 2025
Hussain Zaidi Alias Guddu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Kesarwani, Sudhir Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the applicant, and the learned A.G.A. as well as
perused the record.
2. The present application under Section 528 B.N.S.S. has been filed to quash
the charge-sheet dated 3rd January, 2025, cognizance/summoning order
dated 13th January, 2025 as well as the entire proceedings of Criminal Case
No. 265 of 2025 (State Vs. Hussain Zaidi @ Guddu) arising out of Case Crime
No. 152 of 2024, under Section 420 I.P.C., Police Station-Civil Lines, District-
Meerut, pending in the Court of Additional Chief Judicial Magistrate, Court
No.5, Meerut.
3. Learned counsel for the applicant submits that no offence is made out
against the applicant 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 applicant is permitted to appear before the concerned
court within 15 days from today through counsel and move an application
seeking discharge.
6. No coercive measures shall be adopted against the applicant for a period of
15 days from today or till the filing of the discharge application, whichever is
earlier.
NA528 No. 32353 of 2025
2
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, 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.
9. It is clarified that in case the applicant or his counsel does not appear
before the trial court to press the discharge application despite the fact that he
has been given various opportunity to have his say in the matter, the trial court
shall proceed to decide the same on merits after considering the material
available on record.
10. With the aforesaid observations, this appeal stands disposed of.
September 9, 2026
Sushil/-
(Madan Pal Singh,J.)
Digitally signed by :-
SUSHIL KUMAR SINGH
High Court of Judicature at Allahabad
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