Saligram and 5 Others v. State of U.P. and Another
Case brief
What is this about?
Section 528 BNSS — quashing of complaint case and summoning order — Complaint Case No. 75580 of 2023, Sections 452, 323 IPC, PS Rajawali, Firozabad — summoning order dated 14.10.2024 — civil dispute given criminal colour — mala fide/harassment plea — disputed questions of fact not adjudicable — prima facie test — R.P. Kapur v. State of Punjab (AIR 1960 SC 866); State of Haryana v. Bhajan Lal (1992 SCC (Cr.) 426); State of Bihar v. P.P. Sharma (1992 SCC (Cr.) 192); Zandu Pharmaceutical (2005 SCC (Cr.) 283) — application dismissed — Allahabad High Court, Dr. Gautam Chowdhary, J., 20 April 2026.
What did the court decide?
On perusal of the material on record and the facts of the case, it cannot be said at this stage that no offence is made out against the applicants; only a prima facie case is to be seen, in the light of the law laid down by the Supreme Court in R.P. Kapur, Bhajan Lal, P.P. Sharma and Zandu Pharmaceutical.