HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32353 of 2025 Court No. - 81 HON'BLE MADAN PAL SINGH, J. 1. Heard learned counsel for the applicant, and the learned A.G.A. as well as perused the record. 2. The present application under Section 528 B.N.S.S. has been filed to quash the charge-sheet dated 3rd January, 2025, cognizance/summoning order dated 13th January, 2025 as well as the entire proceedings of Criminal Case No. 265 of 2025 (State Vs. Hussain Zaidi @ Guddu) arising out of Case Crime No. 152 of 2024, under Section 420 I.P.C., Police Station-Civil Lines, District- Meerut, pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Meerut. 3. Learned counsel for the applicant submits that no offence is made out against the applicant and that the present prosecution has been instituted with a mala fide intention to cause harassment. 4. In the absence of any of the grounds recognized by the Supreme Court which may justify the quashing of the complaint or the impugned proceedings, the prayer for quashing the same is refused, as no abuse of the process of the Court is made out. The summoning court is vested with sufficient powers to discharge the accused even before the stage of framing of charges, if, for reasons to be recorded, it considers the charge to be groundless. 5. As requested, the applicant is permitted to appear before the concerned court within 15 days from today through counsel and move an application seeking discharge. 6. No coercive measures shall be adopted against the applicant for a period of 15 days from today or till the filing of the discharge application, whichever is earlier. Versus Counsel for Applicant(s) : Santosh Kumar Kesarwani, Sudhir Kumar Counsel for Opposite Party(s) : G.A. Hussain Zaidi Alias Guddu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. If the concerned court, after hearing the counsel for the accused, is persuaded to take the view that the accused ought not to have been summoned and that the charge is groundless, it shall not abstain from discharging the accused merely on the ground that the material available at the time of summoning is the same as that available at the time of consideration of the discharge application. 8. On the other hand, if the court, after hearing the counsel for the accused, holds the view that the accused has been rightly summoned and that the material on record does not indicate the charges to be groundless, it shall pass an order to that effect and proceed further in the matter in accordance with law. It shall also be at liberty to adopt such measures as are permissible in law to secure the presence of the accused. 9. It is clarified that in case the applicant or his counsel does not appear before the trial court to press the discharge application despite the fact that he has been given various opportunity to have his say in the matter, the trial court shall proceed to decide the same on merits after considering the material available on record. 10. With the aforesaid observations, this appeal stands disposed of. September 9, 2026 Sushil/- NA528 No. 32353 of 2025 2 (Madan Pal Singh,J.) Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad