Allahabad High Court
SMT SHAHNAJversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
An application to quash a charge-sheet and cognizance order is not maintainable if the order of framing charges has not been challenged by the applicant.
Summary
The applicant, Smt Shahnaj, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge-sheet dated 23 January 2023 and the cognizance order dated 29 September 2023 in a case under the Cow Slaughter Act. The High Court noted that the charges against the applicant had already been framed on 5 April 2025 and again on 23 September 2025, and that the applicant had not challenged those framing orders. The court held that because the framing of charges was unchallenged, the applicant was not aggrieved by the later order and therefore lacked locus to contest the earlier charge-sheet and cognizance order. Consequently, the court found the application to be without merit. The application for quashing the proceedings was dismissed.
Issues considered
- Whether an application under Section 528 CrPC to quash a charge-sheet and cognizance order is maintainable when the order of framing charges has not been challenged.
Legislation cited
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- quash of charge-sheet
- cognizance order
- Section 528 CrPC
- maintainability
- framing of charges
- Cow Slaughter Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8188 of 2026
Smt Shahnaj
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aurangzeb Khan, Shams Tabrez
Ahmed, Ziya Uddin
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. appearing
for the State respondents.
2. Present application has been filed for quashing the entire proceeding as
well as charge-sheet dated 23.1.2023 and cognizance order dated
29.9.2023 passed by Chief Judicial Magistrate, Court No. 1, Muzaffar
Nagar in S.T. No. 160 of 2025 (State vs. Shahnaj) arising out of Case
Crime No. 138 of 2022, under Section 3/5/8 of Cow Slaughter Act, Police
Station Bhopa, District Muzaffar Nagar.
3. At the very outset, learned A.G.A. stated that in the present case
charges-sheet dated 23.1.2023 and cognizance order dated 29.9.2023 have
been challenged by the applicant and in the present matter charges against
the applicant have been framed on 5.4.2025 and on 23.9.2025. The order
of framing charges dated 5.4.2025 and 23.9.2025 have not been
challenged by the applicant. It appears that the applicant is not aggrieved
by the order dated 23.9.2025, whereby the charges have been framed
against the applicant. It is also submitted that the present applicant is not
maintainable since the order of framing charges have not been challenged
by the applicant.
4. I have perused the entire record.
5. On perusal of record it is manifest that the charges were framed against
NA528 No. 8188 of 2026
2
the applicant on 5.4.2025 and again on 23.9.2025. The order of framing
charges on 5.4.2025 and 23.9.2025 have not been challenged by the
applicant. The case is fixed for prosecution evidence. At this stage,
charge-sheet dated 23.1.2023 and cognizance order dated 29.9.2025
cannot be set aside / quashed by this Court.
6. The application lacks merit and deserves to be dismissed.
7. The same is accordingly dismissed.
(Vivek Kumar Singh,J.)
March 18, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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