Allahabad High Court
FIRASAT ALIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court held that a Section 528 application can only consider the existence of a prima facie case and cannot adjudicate factual disputes or assess evidence, therefore the prayer to quash was refused.
Summary
Firasat Ali filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the charge sheet dated 21‑12‑2025 and the entire criminal proceeding (Case No. 7503 of 2026) arising under Section 3 of the Prevention of Damages to Public Property Act, 1984. The applicant alleged that no offence was disclosed and that the prosecution was instituted with malafide intent to harass. The Court observed that the dispute pertained to factual issues and the evidence, which cannot be decided at the stage of a Section 528 application; only a prima facie case is to be examined. Relying on Supreme Court precedents, the Court held that it could not assess the correctness of the allegations or the reliability of evidence. Consequently, the prayer to quash the charge sheet was refused and the application was dismissed, leaving the applicant free to pursue other remedies.
Issues considered
- Whether the charge sheet can be quashed under Section 528 CrPC on the ground that no offence is disclosed.
- Whether the Court can evaluate the merits of the evidence and the alleged malafide nature of the prosecution at the stage of a Section 528 application.
Legislation cited
Subjects
- Section 528
- quash of criminal proceedings
- prima facie case
- malafide prosecution
- Prevention of Damages to Public Property Act
- charge sheet
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38651 of 2026
Firasat Ali
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dharm Vir Jaiswal, Harsh Vikram
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 quash the charge sheet dated 21.12.2025 as well as entire
proceeding of Criminal Case No. 7503 of 2026 (State Vs. Firasat Ali),
arising out of Case Crime No. 543 of 2025, under Section 3 of Prevention
of Damages to Public Property Act, 1984, Police Station Tanda, District
Rampur, pending in the court of learned Chief Judicial Magistrate,
Rampur.
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. 38651 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 applicant to recourse
other remedy available to him.
(Dr. Gautam Chowdhary,J.)
September 14, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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