Allahabad High Court
AKSHAY AGARWAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court held that a Section 528 BNSS application cannot be entertained to assess factual disputes and therefore the prayer to quash the charge sheet must be refused.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash a charge sheet dated 09‑08‑2025 and related proceedings under Section 318(4) of the BNSS and Sections 8, 11 and 12 of the Molasses Control Act. They alleged that no offence was disclosed against them and that the prosecution was instituted with malafide intent to harass. The court examined the material and observed that the dispute centered on factual issues and the reliability of evidence, which cannot be decided at the stage of a Section 528 application. Citing Supreme Court precedents, the court held that only a prima facie case is required for such applications and the court is not required to assess the merits of the allegations. Consequently, the prayer to quash the charge sheet was refused and the application was dismissed, leaving the applicants free to pursue other remedies.
Issues considered
- Whether an application under Section 528 BNSS can be dismissed on the ground that the court need only consider a prima facie case and not adjudicate factual disputes.
- Whether the alleged malafide intention behind the prosecution warrants quashing of the charge sheet.
Legislation cited
- BNSS — s. 318(4), 528
- Molasses Control Act — s. 11, 12, 8
Subjects
- Section 528 BNSS
- quash of charge sheet
- prima facie case
- malafide prosecution
- criminal procedure
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38431 of 2026
Akshay Agarwal And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bharat Bhushan Paul, Prateek Bansal,
Saurabh Paul
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State
as well as learned counsel for the informant and perused the material
brought on record.
2. The present application under Section 528 BNSS has been filed with
the prayer to quash the charge sheet dated 09.08.2025, summoning order
dated 18.08.2025 as well as entire proceedings of Case Crime No. 0203 of
2025, under Section 318(4) B.N.S. and Section 8/ 11/ 12 of Molasses
Control Act, Police Station Sachandi, District Kanpur Nagar.
3. The contention of learned counsel for the applicants is that no offence
against the applicants 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 applicants
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. 38431 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, leaving it open for the applicants to recourse
other remedy available to them.
(Dr. Gautam Chowdhary,J.)
September 11, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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