Prem Pal Alias Jaypal and 6 Others v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court dismisses Section 528 BNSS quashing application against charge sheet dated 20.02.2023 and cognizance/summoning order dated 03.11.2023 in Case Crime No. 386 of 2022 under Sections 147/336/323 IPC, PS Kalan, District Shahjahanpur. Absence of injury report/medical examination of injured (referred from P.H.C. Kalan to District Hospital Shahjahanpur) does not justify quashing; disputed questions of fact cannot be adjudicated under Section 528 BNSS; prima facie test per RP Kapoor, Bhajan Lal and P.P. Sharma applied/relied on. Keywords: quashing, charge sheet, summoning order, cognizance, inherent powers, disputed question of fact, prima facie case, injury report, FIR 386/2022, NA528 No. 2461 of 2026.
What did the court decide?
On the material on record, at this stage it cannot be said that no offence is made out against the applicants; the submissions raised disputed questions of fact which cannot be adjudicated in exercise of power under Section 528 B.N.S.S.; only a prima facie case falls for consideration in the light of the law laid down by the Supreme Court in RP Kapoor, Bhajan Lal and P.P. Sharma, and the disputed defence cannot be considered at this stage.