Allahabad High Court
SHRIKANT AGRAWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court held that a prima facie case exists and, under Section 528 CrPC, it cannot assess factual disputes, therefore the application to quash the proceedings was refused.
Summary
The applicant, Shrikant Agrawal, filed an application under Section 528 of the Code of Criminal Procedure seeking to set aside the cognizance and quash the charge sheet in a criminal case under the Essential Commodities Act. He contended that no offence was disclosed and that the prosecution was instituted with malicious intent. The High Court observed that the dispute centered on factual issues which cannot be adjudicated at the stage of a Section 528 application. Relying on Supreme Court precedents, the Court held that only a prima facie case is required and it is not required to assess the correctness of allegations or reliability of evidence. Accordingly, the prayer for quashing was refused and the application dismissed.
Issues considered
- Whether an application under Section 528 CrPC can be entertained to quash proceedings when only a prima facie case exists
- Whether the court can assess factual disputes and the reliability of evidence at the stage of a Section 528 application
- Whether the alleged malafide intention of the prosecution warrants dismissal of the charge sheet
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Essential Commodities Act, 1955 — s. 3, 7
Subjects
- Section 528 CrPC
- quashing of criminal proceedings
- prima facie case
- essential commodities
- malafide prosecution
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37745 of 2026
Shrikant Agrawal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sikandar Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the material brought on record.
2. The present application under Section 528 BNSS has been filed with
the prayer to set aside the cognizance/ summoning order dated 19.09.2025
as well as to quash the charge sheet dated 13.07.2022 including the entire
proceeding of Criminal Case No. 1852 of 2025 (State Vs. Shrikant
Agrawal), arising out of Case Crime No. 1188 of 2021, under Section 3/7
of Essential Commodities Act, Police Station Aurangabad, District
Bulandshahr, pending in the court of learned Chief Judicial Magistrate,
Court No. 1, Bulandhahr.
3. The contention of learned counsel for the applicant is that no offence
against the applicant is disclosed and the present prosecution has been
instituted with a malafide intention for the purpose of causing harassment.
He pointed out certain documents and statements in support of his
contention.
4. At this stage, the argument raised by learned counsel for the applicant
involves adjudication of a factual dispute and appraisal of evidence.
5. From the perusal of the material on record and looking into the facts of
the case at this stage it cannot be said that no offence is made out against
the applicant at this stage. All the submissions made at the bar, relate to
the disputed questions of fact, which cannot be adjudicated upon by this
Court under Section 528 BNSS. At this stage only prima facie case is to
be seen in the light of the law laid down by Supreme Court in cases of
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of
Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs.
P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical
Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC
(Cr.) 283.
NA528 No. 37745 of 2026
2
6. This Court in exercise of its power under Section 528 BNSS is not
required to assess the correctness of the allegations and reliability of
evidence. Thus, the prayer for quashing is refused.
7. The present application lacks merit and deserves to be dismissed.
8. Dismissed accordingly.
(Dr. Gautam Chowdhary,J.)
September 9, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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