Allahabad High Court

RAM MILAN AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 22 September 2026
Bench: GAUTAM CHOWDHARY

Holding

The application under Section 528 of the B.N.S. to quash the charge sheet and proceedings was dismissed as it lacked merit.

Summary

The applicants, Ram Milan and two others, filed an application under Section 528 of the B.N.S. seeking to quash the criminal proceedings (Case No. 21421 of 2025) and the charge sheet filed under Sections 329(3) of the B.N.S. and Section 3 of the Prevention of Damages to Public Property Act, 1984. They alleged false implication, malafides, and that the summoning order was non‑speaking, claiming the prosecution was arbitrary and an abuse of process. The High Court examined the FIR and found that it disclosed a cognizable offence and that the investigation material supported the charge sheet. The Court held that under Section 528 it is not required to assess the correctness of the allegations or the reliability of the investigation material. Consequently, the application to quash the charge sheet and proceedings was dismissed as lacking merit.

Issues considered

Whether an application under Section 528 of the B.N.S. can be entertained to quash criminal proceedings when the FIR discloses a cognizable offence.
Whether the court must examine the correctness of the allegations and the reliability of investigation material in a Section 528 application.
Whether the summoning order can be declared non‑speaking and quashed on the ground of lack of material.

Legislation cited

B.N.S. — s. 329(3), 528
Prevention of Damages to Public Property Act, 1984 — s. 3

Subjects

quash petition
section 528
criminal procedure
abuse of process
charge sheet
summoning order
cognizable offence

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39350 of 2026

Ram Milan And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)

Counsel for Applicant(s) : Sheetala Prasad Pandey
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 and perused
the record.

2. This application has been filed for quashing of the proceedings of Criminal Case
No.21421 of 2025 (State Vs. Ram Milan and others) arising out of Case Crime No.
301 of 2024 under Sections 329(3) of B.N.S. and Section 3 of The Prevention of
Damages to Public Property Act, 1984, Police Station Sonha, District Basti pending
before learned Additional Chief Judicial Magistrate, IIIrd, Court No.11, District Basti
as well as to quash the charge sheet dated 24.12.2024 and also to quash the
cognizance/summoning order dated 03.12.2025 passed in the aforesaid case.

3. Learned counsel for the applicant submits that the applicants have been falsely
implicated in the present case due to ulterior motive. Learned counsel further submits
that the prosecution case initiated against the applicants being arbitrary and illegal, is
nothing but an abuse of the process of the court. He further submits that the impugned
summoning order suffers from gross error and non-speaking because there is no
material under which, the applicants could be summoned, therefore the proceedings
initiated against the applicants pursuant to the summoning order is liable to be
quashed. Further submission is that malafides behind the prosecution are apparent on
the face of record and if the proceedings against the applicants is allowed to go on, it
will result in the abuse of court's process. Learned counsel for the applicants therefore
submits, no prosecution could lie against the applicants, in such circumstances,
interference of this Court is required to meet the ends of justice.

4. On perusal of the record, the Court finds that the allegations made in the first
information report disclose commission of a cognizable offence and those allegations
have found support from the material collected during the course of investigation on
the basis whereof the police has laid a charge sheet against the applicants.

5. This Court in exercise of its power under section 528 of B.N.S.S., is not required to
NA528 No. 39350 of 2026
2

assess the correctness of the allegation and the reliability of the material collected
during the course of investigation, the prayer to quash the charge sheet and the
consequential proceeding is rejected.

6. The application lacks merit and is dismissed.

(Dr. Gautam Chowdhary,J.)
September 23, 2026
S.Ali

Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad

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