Allahabad High Court
RAJARAMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court held that a Section 528 application cannot be entertained to adjudicate factual disputes and therefore the charge sheet cannot be quashed.
Summary
The applicant Rajaram filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 22 September 2024 and the cognizance order dated 26 November 2024 in Criminal Case No. 24878 of 2024, which alleged offences under Sections 182, 200, 506 IPC and Sections 3/4 of the Prevention of Damage to Public Property Act, 1984. He contended that no offence was disclosed against him and that the prosecution was instituted with malicious intent to harass. The court observed that the contentions raised by the applicant involved factual disputes and the assessment of evidence, matters that cannot be decided at the stage of a Section 528 application. Relying on Supreme Court precedents, the court held that only a prima facie case is required for a Section 528 application and the court is not required to evaluate the correctness of allegations. Consequently, the prayer to quash the charge sheet was refused and the application was dismissed.
Issues considered
- Whether the charge sheet and cognizance order can be quashed under Section 528 CrPC on the ground that no offence is disclosed and the prosecution is malicious.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 182, 200, 506
- Prevention of Damage to Public Property Act, 1984 — s. 3, 4
Subjects
- Section 528 CrPC
- quash of charge sheet
- prima facie case
- criminal procedure
- malicious prosecution
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41691 of 2026
Rajaram
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar, Ashish Kumar Pandey
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 22.09.2024, cognizance order
dated 26.11.2024 passed by learned Additional Chief Judicial Magistrate,
Court No. 1, Fatehpur in Criminal Case No. 24878 of 2024 (State Vs.
Rajaram), arising out of Case Crime No. 177 of 2024, under Sections 182,
200, 506 I.P.C. and Section 3/4 of Prevention of Damage to Public
Property Act, 1984, Police Station Hathgaon, District Fatehpur.
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. 41691 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 29, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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