Allahabad High Court
Sher Singh And 3 Others vs State Of U.P. And Another on 19 August, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:141369 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30263 of 2025 Applicant :- Sher Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tarun Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicants and learned AGA.
2. The present application has been preferred for seeking quashing of chargesheet no.312 of 2022 dated 31.07.2022 and entire proceedings of Case No.26963 of 2022 (State Vs. Sher Singh and others), arising out of Case Crime No.114 of 2021, under Sections 409, 420, 467, 468, 471, 201, 120-B IPC and Section 3/7 of Essential Commodities Act, P.S. Civil Line, District Budaun, pending in the court of learned Chief Judicial Magistrate, Budaun along with non-bailable warranted dated 19.07.2025 issued against applicants in the said case.
3. Brief facts of the present case are that main accused, namely, Prabhashankar was a fair price shop dealer and applicants herein were working at the said shop in shape of helping the main accused in making entries against the ration cards of card holders. In pursuance of certain complaints against Prabhshankar with regard to non-distribution of essential commodities to valid card holders, inquiry was initiated which culminated into lodging of FIR bearing Case Crime No.114 of 2021, under Sections 409, 420, 467, 468, 471, 201, 120-B IPC and Section 3/7 of Essential Commodities Act against Prabhashankar including applicants herein. After lodging of the FIR, inquiry was initiated and during inquiry, the main accused, namely, Prabhshankar was expired. After conclusion of the inquiry, chargesheet under Sections 420, 468, 471, 120-B IPC, was submitted against applicants whereupon, learned court concerned took cognizance of offence vide order dated 20.12.2022 and due to non-appearance of applicants, non-bailable warrants have also been issued against them on dated 19.07.2025.
4. Learned counsel for applicants has submitted that applicants have been falsely implicated in the present case only on the ground that they were helping the main accused late Prabhashankar by way of preparing forged documents, whereas there is hardly any evidence in respect of the same against applicants. Learned counsel for applicants has further submitted that applicants were working on the said fair price shop which was run by late Prabhashankar and all the alleged work done by them, were under the command of late Prabhashankar, meaning thereby, the applicants have been implicated only by virtue of their alleged association with the deceased and once the principal accused, against whom the prosecution case was primarily directed, had expired and in absence of the main accused, the foundation of the case, stands extinguished and as such, continuing the criminal proceedings against the applicants, would serve no useful purpose and would amount to abuse of the process of law, as held by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335.
5. Learned counsel for the State opposed the application and submitted that the trial should proceed against the co-accused irrespective of the demise of the principal accused.
6. Upon consideration of the rival submissions and perusal of the material available on record, it is manifest that the prosecution case essentially revolved around the role of the deceased i.e. principal accused. The applicants were alleged to be minor functionaries associated with him and once the main accused is no longer available for trial, the very foundation of the case has collapsed. The allegations attributed to the applicants are of a subordinate and incidental nature and continuation of the criminal proceedings against them, would not only be futile but would also amount to an abuse of the process of the Court.
7. The law is well settled that when continuation of criminal proceedings would amount to abuse of process of the Court, inherent jurisdiction under Section 482 Cr.P.C/528 B.N.S.S. can and should be invoked to prevent miscarriage of justice [State of Haryana v. Bhajan Lal (supra); Madhavrao Scindia (supra)].
8. In the considered view of this Court, proceeding further against the applicants, in such circumstances, would not serve the ends of justice. Rather, it would subject them to unnecessary harassment and would amount to misuse of judicial process.
9. In view thereof, chargesheet no.312 of 2022 dated 31.07.2022 and entire proceedings of Case No.26963 of 2022 (State Vs. Sher Singh and others), arising out of Case Crime No.114 of 2021, under Sections 409, 420, 467, 468, 471, 201, 120-B IPC and Section 3/7 of Essential Commodities Act, P.S. Civil Line, District Budaun, pending in the court of learned Chief Judicial Magistrate, Budaun along with non-bailable warranted dated 19.07.2025 issued against applicants in the said case, are hereby set aside.
10. Accordingly, the instant application stands allowed.
Order Date :- 19.8.2025 Vivek Kr.