Allahabad High Court
SUNIL CHAHAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court held that the application for quashing must be dismissed as a prima facie case exists and the court is not empowered to adjudicate factual disputes at this stage.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet, cognizance order and the entire proceeding in a criminal case alleging offences under Section 351(2) of the BNSS and Section 66D of the Income Tax Act. They contended that no offence was disclosed and the prosecution was maliciously instituted to harass them. The court observed that the dispute centered on factual issues and the evidence, which 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 needs to be examined and the court is not required to assess the reliability of the allegations. Consequently, the prayer to quash was refused and the application was dismissed for lack of merit.
Issues considered
- Whether an application under Section 528 BNSS for quashing a charge sheet can be decided when the matter involves factual disputes and evidence appraisal.
- Whether a prima facie case exists against the applicants sufficient to deny the quash petition.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 351(2), 528
- Income Tax Act — s. 66D
Subjects
- Section 528 BNSS
- quash petition
- prima facie case
- criminal procedure
- malafide prosecution
- evidence appraisal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42016 of 2026
Sunil Chahar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aishwarya Pratap Singh, Arvind
Kumar Tripathi, Urvashi Kunwar
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 material brought on record.
2. The present application under Section 528 BNSS has been filed with
the prayer to quash the charge sheet dated 31.10.2025, cognizance/
summoning order dated 27.07.2026 as well as entire proceeding of Case
No. 11582 of 2026 (State Vs. Sunil Chahar and others), arising out of
Case Crime No. 0310 of 2025, under Section 351(2) B.N.S. and Section
66D of I. T. Act, Police Station Sikandara, District Agra, pending in the
court of learned Chief Judicial Magistrate, Agra.
3. The contention of learned counsel for the applicants is that no offence
against the applicants 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 applicants
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. 42016 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 30, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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