Allahabad High Court
QAMAR AHMAD ALIAS MUNNA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 CrPC is dismissed, and the order of the magistrate is upheld.
Summary
The applicants, Qamar Ahmad alias Munna and another, filed a Section 528 CrPC application seeking to quash the order dated 02‑09‑2026 and the entire criminal proceeding (Complaint No. 6583 of 2024) under IPC sections 380, 147, 323, 504 and 452. They argued that the first applicant is a disabled person and that the proceeding should be set aside. The State opposed, contending that a prima facie case of offence exists against the applicants. The High Court noted that an earlier Section 528 application (No. 25853 of 2026) had been rejected, the applicants were directed to move a discharge application, and that discharge application was also dismissed, establishing a prima facie case. Relying on the magistrate’s findings and the provisions of Sections 200 and 202 CrPC, the Court held the order of the magistrate to be proper and dismissed the present application.
Issues considered
- Whether the criminal proceeding under the cited IPC sections should be quashed under Section 528 CrPC.
- Whether the disability of the applicant warrants quashing of the proceeding.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 200, 202, 528
- Indian Penal Code — s. 147, 323, 380, 452, 504
Subjects
- Section 528 CrPC
- quash of criminal proceeding
- prima facie offence
- disability
- discharge application
- IPC offences
- High Court judgment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41814 of 2026
Qamar Ahmad Alias Munna And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Irshad Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard Sri Irshad Ahmad, learned counsel for the applicants and
Sri P. P. Pandey, learned AGA for the State.
2. The present 528 BNSS application has been filed to quash the
impugned order dated 02.09.2026 as well as entire proceeding of
complaint case No. 6583 of 2024, Under Sections
380,147,323,504,452 I.P.C. Police Station Aliganj. District Etah
(Mohd. Iliyas Vs Qamar Ahmad Alias Munna and others),
pending in the court of learned Additional Chief Judicial
Magistrate, Room No.18, Etah.
3. Counsel for the applicant submits that applicant no.1 is father-
in-law and applicant no.2 is brother-in-law of opposite party no.2.
Earlier, applicants challenged the proceeding by way of filing
Application U/s 528 No.25853 of 2026 before this Hon'ble Court
and this Court vide order dated 14.07.2026, prima facie, found
offence against the applicants and did not entertain the
application on behalf of the applicants and directed the applicants
to move discharge application, applicant, thereafter, moved
discharge application, the same has been dismissed vide order
dated 02.09.2026. He next submitted that applicant no.1 is a
disabled person on account of that present proceeding should be
quashed.
4. Per contra, learned A.G.A. vehemently opposed the
submission raised by applicant's counsel and submits that on
perusal of record, prima facie, offence is made out against the
applicants.
5. Considered the argument advanced by applicants' counsel and
learned AGA, it is evident that this Hon'ble Court, vide order
dated 14.07.2026 considered the submission of applicants'
NA528 No. 41814 of 2026
2
counsel and found, prima facie, offence against the applicants
and rejected the plea of the applicants and now trial court after
hearing the applicants' submission found prima facie, offence
against the applicants and rejected the discharge application. On
perusal of submission recorded U/s 200 and 202 Cr.P.C., prima
facie, offence is made out against the applicants. The order
impugned dated 02.09.2026, passed by learned Magistrate, is just
and proper. No interference is warranted.
6. The present 528 BNSS application of applicants is hereby
dismissed with the aforesaid observation.
September 30, 2026
Nitin Verma
(Deepak Verma,J.)
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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