Allahabad High Court
SONU MISHRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application for quash under Section 528 B.N.S.S. is dismissed as a prima facie case exists and the court cannot adjudicate disputed facts at this stage.
Summary
The applicant, Sonu Mishra, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and cognizance order in a criminal case alleging assault on the mother of the complainant. The applicant claimed innocence and argued that the medical report showed no injury, contending that no offence was made out. The State opposed, stating that the FIR, medical examination, and witness statements supported the prosecution. The High Court examined whether a prima facie case existed and held that the disputed facts could not be decided at this stage under Section 528. Relying on Supreme Court precedents, the Court found a prima facie case and therefore refused to quash the proceedings, dismissing the application.
Issues considered
- Whether the charge sheet and cognizance order can be quashed under Section 528 B.N.S.S. on the ground that no offence is made out.
- Whether the court can entertain disputes of fact at the stage of a Section 528 application.
- Whether a prima facie case exists against the applicant.
Legislation cited
Subjects
- Section 528
- quash application
- charge sheet
- prima facie case
- cognizance order
- criminal procedure
- disputed facts
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49381 of 2025
Sonu Mishra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ayush Yadav, Shailendra Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Pradeep Mishra, Advocate holing brief of Sri Shailendra
Kumar Yadav, learned counsel for the applicant, Sri Jyoti Kumar Singh,
learned A.G.A. for the State and perused the record.
2. The applicant filed the present application under Section 528 B.N.S.S.
to quash the charge sheet No. A77 of 2025 dated 23.02.2025 and
cognizance/summoning order dated 29.04.2025 as well as entire
proceedings of Criminal Case No. 17316 of 2025 (State Vs. Sonu
Mishra), arising out of Case Crime No. 53 of 2025, under Sections
115(2), 352, 351(2) B.N.S., Police Station Mubarakpur, District
Azamgarh, pending in the court of learned Chief Judicial Magistrate,
Azamgarh.
3. Learned counsel for the applicant submitted that the applicant is
innocent, he has not committed the alleged offence but he has been falsely
implicated in this case. He further submitted that opposite party no. 2
lodged a first information report as Case Crime No. 53 of 2025, under
Sections 115(2), 352, 351(2) B.N.S. at Police Station Mubarakpur,
District Azamgarh with the allegation that when he was not present at his
home, the applicant came to his house and beaten his mother namely
Pushpa Devi. Pushpa Devi was medically examined at P.H.C., Azamgarh
and according to medical report, no injury was seen. During investigation,
statements of opposite party no. 2, injured Pushpa Devi and other
witnesses were recorded. After investigation, charge sheet was submitted
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2
and the learned Magistrate has taken cognizance. 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.
4. 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 04.02.2025 in which mother of the opposite party no. 2 was
beaten by the applicant. The injured Pushpa Devi was medically
examined at P.H.C., Azamgarh. During investigation, statements of
opposite party no. 2, injured 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.
5. As per facts of the case, a first information report as case Crime
No. Case Crime No. 53 of 2025, under Sections 115(2), 352, 351(2)
B.N.S. at Police Station Mubarakpur, District Azamgarh against the
applicant with the allegation that when the opposite party no. 2 was not
present at his home, the applicant came to his house and beaten his
mother namely, Pushpa Devi. The injured was medically examined at
P.H.C., Azamgarh. During investigation, statements of opposite party no.
2, injured and other witnesses were recorded. After investigation, charge
sheet was submitted and the learned Magistrate has taken cognizance.
6. 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
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3
applicant cannot be considered at this stage.
7. 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 6, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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