Amar Singh and 6 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Amar Singh and 6 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the entire criminal proceeding in Criminal Case No.7783 of 2010 (arising out of Case Crime No.493 of 2010) and the N.B.W. order dated 24/05/2024 passed by the Chief Judicial Magistrate, Saharanpur should be quashed in exercise of the inherent power under Section 528 BNSS.

Court's answer

The applicants avoided summons and bailable warrants for the last thirteen years and, despite the order of this Court directing them to appear and surrender, did not appear before the court below; the Court therefore did not find it a fit case to allow the application.

Ratio / Principle

Submissions at the bar relating to disputed questions of fact cannot be adjudicated upon by the High Court under Section 528 BNSS.

Key takeaways

In the light of the Apex Court judgments in R.P. Kapur, Manik B., State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical Works Ltd., no ground for quashing the proceedings of the aforesaid case was made out which may call for any interference by this Court in exercise of its inherent power under Section 528 BNSS.ratio¶10
The present application under Section 528 BNSS lacks merit and is dismissed.ratio¶11

Detailed headnote1 paragraphs

Criminal Procedure - Quashing - Section 528 BNSS - Second application - Applicants sought quashing of the entire criminal proceeding under Sections 420, 467, 468, 471, 120-B, 504, 506 IPC (Case Crime No.493 of 2010, P.S. Sadar, District Saharanpur) and the N.B.W. order dated 24.05.2024 passed by the Chief Judicial Magistrate, Saharanpur in Criminal Case No.7783 of 2010. Earlier applications under Section 482 Nos. 27666 and 31313 of 2011 were disposed of by the Co-ordinate Bench on 30.08.2011 and 30.09.2011 with directions to appear and surrender within two and four weeks; the applicants never appeared. Held, by Deepak Verma, J.: the applicants avoided summons and bailable warrants for thirteen years despite the order of the High Court; submissions on disputed questions of fact cannot be adjudicated under Section 528 BNSS; and in the light of R.P. Kapur v. State of Punjab, Manik B. v. Kadapala Sreyes Reddy, State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical Works Ltd., no ground for quashing was made out. Application dismissed. (Order Date: 21.8.2025)

Neutral Citation No. - 2025:AHC:144026

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 14959 of 2025

Applicant :- Amar Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Singh,Ajeet Dixit Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

This is second 528 BNSS application moved on behalf of applicants with a prayer to quash the entire criminal Porceeding & N.B.W. order dated 24/05/2024 Passed by the Chief Judical Magistrate, Saharanpur ( State Vs. Amar Singh and Others) in Criminal Case No.7783 of 2010 arising out of Case Crime No.493 of 2010, under sections 420, 467, 468, 471, 120-B, 504, 506 I.P.C.; P.S. Sadar, District Saharanpur , pending in the Court of Chief Judicial Magistrate, Saharanpur.

Counsel for the applicants submits that earlier the applicants filed Applications under Section 482 No. 27666 of 2011 and 31313 of 2011 before this Court and the Co-ordinate Bench of this Court vide orders dated 30.08.2011 and 30.09.2011 disposed of the application of the applicants directing them to appear and surrender before the court concerned within two weeks and four weeks, respectively.

From the perusal of the material on record, it is apparent that after getting direction to appear and surrender before the court concerned, the applicants did not appear before the trial court, hence, non bailable warrants have been issued against the applicants on 24.05.2024. Thereafter the applicants have filed instant application. Since last thirteen years, the applicants avoided the summons and bailable warrants and despite order of this Court, the applicants did not appear before the court below, the Court do not find it a fit case to allow the application. 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 BNSS.

In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 528 BNSS.

The present application under Section 528 BNSS lacks merit and is, accordingly, dismissed.

Order Date :- 21.8.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad