Allahabad High Court
RAHUL SHARMA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 to quash the summoning order and the proceedings was dismissed.
Summary
The applicants filed a Section 528 BNSS application seeking to quash the summoning order dated 01-11-2022 and the entire criminal proceedings (Criminal Case No. 1127 of 2020) against them under Sections 406 and 506 IPC. They contended that the allegations were false, baseless and unsupported by any evidence, and that the trial was merely at the stage of recording prosecution witnesses under Section 244 CrPC. The State argued that a prima facie case existed and that the matters raised by the applicants were factual disputes not suitable for adjudication at this stage, suggesting that the applicants could move a discharge application. The Court held that the prayer to quash the proceedings could not be entertained and refused the application. However, it directed that if the applicants file a discharge application at the appropriate stage, the trial court must decide it expeditiously, preferably within six weeks.
Issues considered
- Whether the summoning order and the entire criminal proceedings can be quashed under Section 528 of the Code of Criminal Procedure.
- Whether the court can entertain a quash application at the stage where factual disputes are pending.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 244, 528
- Indian Penal Code — s. 406, 506
Subjects
- Section 528
- quash of proceedings
- Criminal Procedure
- discharge application
- prima facie case
- false allegations
- evidence
- bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36308 of 2026
Rahul Sharma And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Supplementary affidavit filed by the learned counsel for the applicants
today in the Court, is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the
State.
3. The present 528 BNSS application has been filed to quash the
impugned summoning order dated 01.11.2022 passed by learned
Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad as well as
entire proceedings of Criminal Case No. 1127 of 2020, Smt. Lokesh
Versus Rahul Sharma and others, under Sections 406, 506 I.P.C., Police
Station Tronica City, District Ghaziabad, pending in the Court of
Additional Civil Judge (S.D.)-3, Ghaziabad.
4. It is argued by the learned counsel for the applicants that proceeding
before the learned trial court has been posted for evidence of the
prosecution witnesses under Section 244 Cr. P.C. He further argued that
all allegations in complaint are false and baseless and not supported by
any evidence. No case under the alleged sections is made out.
5. Per contra, learned AGA opposed the submission of applicants'
counsel and submitted that prima facie, offence under the alleged sections
is made out against the applicants. He further submitted that submission
raised by applicants' counsel, are disputed question of facts, which cannot
be entertained at this stage. The applicants are on bail/anticipatory bail.
NA528 No. 36308 of 2026
2
They have remedy to move an application for discharge. He also
submitted that in case applicants move an application for discharge within
time, the concerned court will decide the same, expeditiously.
6. The prayer for quashing the entire proceedings, cognizance/summoning
order of the aforesaid case against the applicant is, hereby, refused.
7. However, if applicants move discharge application before the court
concerned at appropriate stage, the court concerned shall decide his
application in accordance with law, expeditiously, preferably within a
period of six weeks from the date of filing of discharge application.
9. With the above directions, this 528 BNSS application is disposed of.
(Deepak Verma,J.)
September 14, 2026
T.S.
Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad
Checking your session…