Allahabad High Court
RAMASHANKAR AND 2 OTHERSversusSTATE OF U.P. THROUGH ITS SECRETRY HOME, GOVERNMENT OF U.P. AT LUCKNOW AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the proceedings, holding that a prima facie case exists and the matter is at the evidentiary stage.
Summary
The applicants filed a Section 528 BNSS application seeking to quash the summoning order dated 11‑08‑2017 in Complaint Case No. 3952 of 2016 (Rajesh v. Ramashankar) relating to alleged offences under Sections 323, 504 and 506 IPC. They contended that, on a perusal of the complaint and statements under Sections 200 and 202 CrPC, no prima facie case existed and the proceedings should be set aside. The State opposed, arguing that a prima facie case was made out and that the matter was at the evidentiary stage with witnesses being examined under Section 244 CrPC. The High Court held that the trial court had already proceeded to the evidence stage and that a prima facie case existed, therefore refusing to quash the proceedings. The court disposed of the 528 BNSS application, directing the applicants to move a discharge application before the trial court if desired, to be decided within six weeks.
Issues considered
- Whether the summoning order and the criminal proceedings against the applicants under Sections 323, 504 and 506 IPC can be quashed under Section 528 of the CrPC on the ground of lack of a prima facie case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 200, 202, 244, 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- Section 528 BNSS
- quash of criminal proceedings
- prima facie case
- evidentiary stage
- Criminal Procedure Code
- Indian Penal Code
- High Court of Allahabad
- discharge application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40727 of 2026
Ramashankar And 2 Others
.....Applicant(s)
Versus
State Of U.P. Through Its Secretry Home,
Government Of U.P. At Lucknow And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Prajapati, Maheshwari
Prasad Srivastava, Surendra Kumar
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the
State.
2. The present 528 BNSS application has been filed to quash the entire
proceedings including the Summoning Order Dated 11.08.2017 passed in
proceeding of Complaint Case No. 3952 of 2016 (Rajesh Vs.
Ramashankar and others), against the applicant, Under Section 323, 504,
506 I.P.C. P.S. Badalapur, District Jaunpur, pending in the Court of
Additional Chief Judicial Magistrate, 5th Jaunpur.
3. It is alleged in the complaint that opposite party no.2 initiated
proceeding against the applicants. Vide order dated 11.08.2017 applicants
were summoned by learned Magistrate. He further submits that on perusal
of complaint and statement recorded U/s 200 and 202 Cr.P.C., prima
facie, no offence is made out against the applicants and proceeding before
trial court is liable to be set aside. All allegation in complaint is false and
baseless and not supported by any evidence. No case under the alleged
sections is made out.
4. 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
NA528 No. 40727 of 2026
2
be entertained at this stage. He next submits that the proceeding before
trial court is in advance stage and witnesses are being examined U/s 244
Cr.P.C.
5. Considered the argument raised by applicants' counsel, Proceeding
before trial court is posted for evidences and prosecution witnesses and
prima facie, case is made out. The prayer for quashing the entire
proceedings, cognizance/summoning order of the aforesaid case against
the applicants is, hereby, refused.
6. However, if applicants move discharge application before the
concerned court below at appropriate stage, the court below shall decide
their application in accordance with law, expeditiously, preferably within
a period of six weeks from the date of filing of discharge application.
7. With the above directions, this 528 BNSS application is disposed of.
(Deepak Verma,J.)
September 23, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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