Allahabad High Court
RANJEETversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The application for quash under Section 528 CrPC is dismissed as no abuse of process is established.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash Criminal Case No. 1015 of 2022, which arose from charges under Sections 323, 406, 392 and 411 of the Indian Penal Code. The applicant alleged that the prosecution was instituted with a mala fide intention to harass and that no offence was made out against him. The Court examined the record and found no grounds recognized by the Supreme Court that would justify quashing the proceeding or constitute an abuse of process. Consequently, the application for quash was refused, and the applicant was directed to appear before the trial court within 20 days to move a discharge application if he wishes. The Court also ordered that no coercive measures be taken against the applicant during this period and outlined the procedure to be followed depending on the trial court's view on the merits of the charge.
Issues considered
- Whether the application under Section 528 CrPC for quashing the criminal proceeding is maintainable.
- Whether the prosecution is mala fide and constitutes an abuse of the process of the Court.
- Whether the trial court can discharge the accused before framing of charges on the basis of groundless charge.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 392, 406, 411
Subjects
- Section 528 CrPC
- quash of criminal proceeding
- abuse of process
- discharge application
- mala fide prosecution
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 45294 of 2025
Ranjeet
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Singh, Ghanendra Singh
Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
2. The present application has been filed to quash the entire criminal Case
No. 1015 of 2022 arising out of Case Crime No. 324 of 2022 (State Vs.
Ranjeet), under Sections 323, 406, 392, 411 I.P.C., Police Station
Bhuta, District Bareilly.
3. Learned counsel for the applicant submits that no offence is made out
against the applicant and that the present prosecution has been
instituted with a mala fide intention to cause harassment.
4. In the absence of any of the grounds recognized by the Supreme Court
which may justify the quashing of the complaint or the impugned
proceedings, the prayer for quashing the same is refused, as no abuse
of the process of the Court is made out. The summoning court is vested
with sufficient powers to discharge the accused even before the stage
of framing of charges, if, for reasons to be recorded, it considers the
charge to be groundless.
5. As requested, the applicant is permitted to appear before the concerned
court within 20 days from today through counsel and move an
application seeking discharge.
6. No coercive measures shall be adopted against the applicant for a
period of 20 days from today or till the filing of the discharge
application, whichever is earlier.
7. If the concerned court, after hearing the counsel for the accused, is
persuaded to take the view that the accused ought not to have been
summoned and that the charge is groundless, it shall not abstain from
discharging the accused merely on the ground that the material
NA528 No. 45294 of 2025
2
available at the time of summoning is the same as that available at the
time of consideration of the discharge application.
8. On the other hand, if the court, after hearing the counsel for the
accused, holds the view that the accused has been rightly summoned
and that the material on record does not indicate the charges to be
groundless, it shall pass an order to that effect and proceed further in
the matter in accordance with law. It shall also be at liberty to adopt
such measures as are permissible in law to secure the presence of the
accused.
9. In case the applicant or his counsel does not appear to press the
discharge application despite being afforded an opportunity by the trial
court, the trial court shall proceed to decide the same on merits after
considering the material available on record.
10. With the aforesaid observations, this application stands disposed of.
September 23, 2026
Akbar
(Madan Pal Singh,J.)
Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad
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