Allahabad High Court
AJARUDDIN @ SALMAN AUDIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. to quash the charge‑sheet was dismissed because a prima facie case against the applicant was established.
Summary
The applicant, Ajaruddin @ Salman Audi, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge‑sheet and proceedings arising from a 2024 altercation in Meerut, alleging false implication and lack of any victim statement. The charge‑sheet, filed by the police, named eight accused including the applicant and alleged offences under various IPC sections and Section 7 of the Criminal Law Amendment Act. The State opposed the quash petition, contending that statements of the opposite party and other witnesses supported the prosecution’s case. The High Court examined whether, at the preliminary stage, a prima facie case existed sufficient to deny the quash application under Section 528. Relying on Supreme Court precedents (RP Kapoor v. State of Punjab; State of Haryana v. Bhajan Lal; State of Bihar v. P.P. Sharma), the Court held that factual disputes cannot be decided at this stage and that a prima facie case was present. Consequently, the Court found no ground to quash the proceedings and dismissed the application.
Issues considered
- Whether an application under Section 528 B.N.S.S. to quash a charge‑sheet can be entertained when a prima facie case exists.
- Whether the absence of a victim’s statement defeats the prosecution’s case at the pre‑trial stage.
Legislation cited
- B.N.S.S. — s. 528
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 147, 148, 149, 307, 308, 323, 336, 504, 506
Subjects
- quash petition
- Section 528 B.N.S.S.
- prima facie case
- charge sheet
- Indian Penal Code
- Criminal Law Amendment Act
- pre‑trial jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 48244 of 2025
Ajaruddin @ Salman Audi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Kumar Pandey, Mushtaq
Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Instructions produced by learned A.G.A. is taken on record.
2. Heard Sri Manish Kumar Pandey, learned counsel for the applicant, Sri
Jyoti Kumar Singh, learned A.G.A. for the State and perused the record.
3. The applicant filed the present application under Section 528 B.N.S.S.
to quash the charge sheet No. 376 of 2024 dated 19.11.2024 as well as
entire proceeding of Case No. 12078 of 2025 (State Vs. Abid and others)
arising out of Case Crime No. 62 of 2024, under Sections 147, 148, 149,
323, 504, 506, 336, 308 I.P.C. and Section 7 Criminal Law Amendment
Act, Police Station Lisari Gate, District Meerut, pending in the court of
Additional Chief Judicial Magistrate, Court No. 8, Meerut along with
summoning order dated 30.06.2025 passed by the Additional Chief
Judicial Magistrate, Court No. 8, Meerut.
4. Learned counsel for the applicant submitted that the applicant has been
falsely implicated in this case on the basis of false and concocted
allegation. A first information report as Case Crime No. 62 of 2024, under
Sections 147, 148, 149, 323, 504, 506, 336, 307 I.P.C. and Section 7
Criminal Law Amendment Act was registered at Police Station Lisari
Gate, District Meerut against the applicant as well as 10 named persons
and 7 unknown persons regarding the incident dated 11.02.2024 in which
two groups were fighting with each other. From the spot, 6 slippers and
shoes and 3 lathi and danda were recovered. During investigation,
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2
statements of opposite party no. 2 and other witnesses were recorded.
After investigation, charge sheet was submitted and the learned
Magistrate has taken cognizance. He further submitted that from one
group, Abid son of Yunus and Javed were arrested from the spot and from
the another group, applicant and Asif son of Saeed were arrested from the
spot. There is no any injury report on record. The applicant himself
sustained grievous injuries in the said incident. Charge sheet has been
filed against 8 persons including the applicant under Sections 147, 148,
149, 323, 504, 506, 336, 308 I.P.C. and Section 7 Criminal Law
Amendment Act but it is not clear to whom the said 8 accused persons
abused, threatened and caused injuries and who are the victims of the said
crime as there is no any statement of any victim to support the
prosecution story, as such the entire prosecution story is absolutely false
and malicious. He next submitted that on the basis of allegations made in
the first information report, no case is made out against the applicant,
therefore, cognizance order as well as charge sheet is liable to be set
aside.
5. Per contra, learned A.G.A. vehemently opposed the submissions made
by learned counsel for the applicant and submitted that opposite party no.
2 lodged a first information report against the applicant regarding the
incident dated 11.02.204. From the spot, 6 sleepers and shoes and 3 lathi
and danda were recovered. During investigation, statements of opposite
party no. 2 and other witnesses were recorded wherein they supported the
prosecution version. After investigation, charge sheet was submitted
against the applicant and the learned Magistrate has taken cognizance. He
further submitted that on the basis of evidence collected during
investigation, it cannot be said that no offence is made out against the
applicant, therefore, application is liable to be dismissed.
6. As per facts of the case, a first information report as Case Crime No. 62
of 2024, under Sections 147, 148, 149, 323, 504, 506, 336, 307 I.P.C. and
Section 7 Criminal Law Amendment Act was registered at Police Station
Lisari Gate, District Meerut against the applicant as well as 10 named
persons and 7 unknown persons regarding the incident dated
11.02.2024. During investigation, statements of opposite party no. 2 and
other witnesses were recorded. After investigation, charge sheet was
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3
submitted under Sections 147, 148, 149, 323, 504, 506, 336, 308 I.P.C.
and Section 7 Criminal Law Amendment Act and the learned Magistrate
has taken cognizance.
7. From the perusal of material on record and the facts of the case, at this
stage, it cannot be said that no offence is made out against the applicant.
All the submissions made at the bar relates to the disputed questions on
fact, which cannot be adjudicated upon by this Court in exercise of power
conferred under Section 528 B.N.S.S.. At this stage, only prima facie case
to be considered in the light of the law laid down by Supreme Court in the
case of RP Kapoor Vs. State of Punjab, AIR 1990 SC 66; State of
Haryana Vs. Bhajan Lal, 1992 SCC (Criminal) 426; and State of Bihar
Vs. P.P. Sharma, 1992 SCC (Criminal) 192. The disputed defence of the
applicant cannot be considered at this stage.
8. Considering the facts and circumstances of the case, I do not find any
ground to quash the aforementioned case, therefore, the prayer for
quashing the same is hereby refused and the application is dismissed.
(Chawan Prakash,J.)
May 7, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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