Allahabad High Court
NA528/15694/2026 of SALIGRAM AND 5 OTHERS Vs STATE OF U.P. AND ANOTHER on 19 April 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15694 of 2026 Court No. - 82 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. This application under Section 528 of B.N.S.S., has been filed for quashing the entire proceedings of Complaint Case No. 75580 of 2023 (Saligram and others Vs. Narendra Singh)
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15694 of 2026
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. This application under Section 528 of B.N.S.S., has been filed for quashing the entire proceedings of Complaint Case No. 75580 of 2023 (Saligram and others Vs. Narendra Singh) under Sections 452, 323 I.P.C., Police Station Rajawali, District Firozabad, pending before learned Judicial Magistrate, Firozabad as well as to quash the summoning order dated 14.10.2024 passed in the aforesaid case.
2. Learned counsel for the applicants has contended that civil dispute has been dragged in criminal prosecution of the applicants. He further submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
3. At this stage, the argument raised by learned counsel for the applicants involves adjudication of a factual dispute and appraisal of evidence.
4. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 of B.N.S.S., At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. Versus Counsel for Applicant(s) : Subhash Chand Kanaujia Counsel for Opposite Party(s) : G.A. Saligram And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. The prayer for quashing the entire proceeding as well as summoning order is refused.
6. The application stands dismissed. (Dr. Gautam Chowdhary,J.) April 20, 2026 S.Ali NA528 No. 15694 of 2026 2
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad