Allahabad High Court
AWADHESH YADAV AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The Court refused to quash the charge sheet and proceedings, directing the applicants to move a discharge application before the trial court.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 07-09-2024 and the cognizance order dated 23-09-2024 in case No. 5709 of 2024, which involved offences under Sections 323, 504, 506, 427, 147, 392 and 325 of the IPC. They alleged that the prosecution was instituted with mala fide intent and that no offence was made out against them. The Court examined whether any of the Supreme Court‑recognised grounds for quashing existed and found no abuse of the process of the Court. Consequently, the application for quash was refused, and the applicants were directed to appear before the trial court within 20 days to move a discharge application. The Court further directed that if the trial court finds the charge groundless, it may discharge the accused; otherwise, it may proceed with the trial and take necessary measures to secure the accused’s presence.
Issues considered
- Whether the application under Section 528 CrPC for quashing the charge sheet and proceedings is maintainable.
- Whether the prosecution was instituted with mala fide intent constituting an abuse of the process of the Court.
- Whether the charges are groundless warranting discharge of the accused.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 323, 325, 392, 427, 504, 506
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- discharge application
- abuse of process
- groundless charge
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 45313 of 2025
Awadhesh Yadav And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devendra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the applicants, learned AGA for the State
and perused the record.
2. The present application has been filed to quash charge sheet dated 07-
09-2024, cognizance order dated 23-09-2024 as well as entire proceedings
of case no. 5709 of 2024, arising out of case crime no. 266 of 2024, under
Sections 323, 504, 506, 427, 147, 392, 325 IPC, P.S. Jahanganj, district
Azamgarh.
3. Learned counsel for the applicant submits that no offence is made out
against the applicants 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 applicants are 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 applicants for a
NA528 No. 45313 of 2025
2
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 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, applicant or counsel does not appear to press the discharge
application despite being afforded opportunity given 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.
(Madan Pal Singh,J.)
September 23, 2026
pks
Digitally signed by :-
PANKAJ KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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