Allahabad High Court

JASWANT SINGH @ JASWANT AND 2 OTHERSversusSTATE OF UP AND ANOTHER

Decided: 8 September 2026
Bench: MADAN PAL SINGH

Holding

The application for quash under Section 528 CrPC is refused as no ground for quashing or abuse of process is established.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 16‑10‑2024, the cognizance and summoning order dated 17‑04‑2025, and the entire proceedings in case No. 5174 of 2025 (State v. Jaswant Singh et al.) arising from an alleged offence under Section 406 IPC. They contended that no offence was made out against them and that the prosecution was instituted with a mala fide intention to harass. The Court examined whether any of the Supreme Court‑recognised grounds for quashing a criminal proceeding were satisfied and found none, concluding that there was no abuse of the court’s process. 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 no coercive measures be taken against the applicants during this period and outlined the procedure to be followed depending on the trial court’s view on the validity of the summons.

Issues considered

Whether the charge sheet and summons can be quashed under Section 528 CrPC on the ground of mala fide prosecution.
Whether the prosecution constitutes an abuse of the process of the Court.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 406

Subjects

Section 528 CrPC
quash of criminal proceeding
discharge application
Section 406 IPC
abuse of process
mala fide prosecution

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9616 of 2026

Jaswant Singh @ Jaswant And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Keshari Nandan Singh
Counsel for Opposite Party(s) : Ashish Pandey, G.A., Nikil Pathak

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
16.10.2024 and cognizance and summoning order dated 17.04.2025 as well
as entire proceedings of case no. 5174 of 2025 (State Vs. Jaswant Singh
others) arising out of case crime no. 0361 of 2024 under section- 406 I.P.C.
Police Station Hapur Nagar, District-Hapur, pending in the Court of C.J.M.,
Hapur.

3. Learned counsel for the applicants 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
NA528 No. 9616 of 2026
2

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, applicants or their 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.

September 9, 2026
Akbar
(Madan Pal Singh,J.)

Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad

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