Allahabad High Court
RAHUL AND 4 OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The court refused to quash the charge sheet and proceedings, finding no abuse of process and directing the applicants to seek discharge 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 12‑05‑2025, the summoning order dated 23‑06‑2025, and the entire proceedings in case No. 8170 of 2025, alleging that the prosecution was malicious and intended to harass them. The court examined the application and held that no grounds recognized by the Supreme Court for quashing the complaint or proceedings were established, and there was no abuse of the court's process. Consequently, the application for quashing was refused, and the applicants were directed to appear before the trial court within 20 days to move a discharge application if they wished. The court also ordered that no coercive measures be taken against the applicants during this period. If the trial court later finds the summons unwarranted, it may discharge the accused; otherwise, it will proceed with the case. The application was therefore disposed of without granting the relief sought.
Issues considered
- Whether the application under Section 528 CrPC for quashing the charge sheet and summoning order is maintainable.
- Whether the prosecution is an abuse of the process of the court warranting quashment.
- Whether the trial court can discharge the accused before framing of charges on the basis of groundless material.
Legislation cited
- B.N.S. — s. 115(2), 191(2), 305, 316(2), 317(2), 324(4), 333, 351(2), 352
Subjects
- Section 528 CrPC
- quashment of charge sheet
- abuse of process
- discharge of accused
- summoning order
- harassment allegation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 7862 of 2026
Rahul And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brajesh Kumar Solanki, Samrat Vikram
Singh
Counsel for Opposite Party(s) : G.A., Kuldeep Kumar
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 12-
05-2025, cognizance/summoning order dated 23-06-2025 as well as
entire proceedings of Case No. 8170 of 2025 arising out of case crime no.
03 of 2025, under Sections 191(2), 333, 115(2), 352, 351(2), 324(4),
316(2), 305 and 317(2) of BNS, P.S. Kotwali City, district Bulandshahar.
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
period of 20 days from today or till the filing of the discharge application,
whichever is earlier.
NA528 No. 7862 of 2026
2
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 his 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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