Allahabad High Court
CHHOTE LALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that the application under Section 528 CrPC is untenable and therefore refused to quash the charge‑sheet, directing the applicant to surrender and apply for bail.
Summary
The applicant, Chhote Lal, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 21‑06‑2025, the cognizance and summoning order dated 25‑07‑2025, and the entire proceedings in Criminal Case No.15299 of 2025. The charge‑sheet alleged offences under IPC sections 318(2), 336, 338 and 340. The High Court examined the FIR, the impugned orders and the charge‑sheet and found no ground for interference under Section 528. Consequently, the Court refused the prayer to quash the proceedings. However, the Court directed that if the applicant surrenders within 15 days and applies for bail, his bail application shall be considered expeditiously, citing Satender Kumar Antil v. CBI (2021) 10 SCC 773. Until the surrender, no coercive action shall be taken against the applicant.
Issues considered
- Whether the High Court can quash the charge‑sheet and cognizance order under Section 528 CrPC.
- Whether the applicant is entitled to liberty to surrender and obtain bail without coercive action pending the surrender.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 318(2), 336, 338, 340
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- charge‑sheet
- bail
- surrender
- High Court of Allahabad
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 11030 of 2026
Chhote Lal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Goyal
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Ashish Goyal, learned counsel for the applicant and learned
A.G.A. for the State.
2. The present application has been filed for seeking quashing of charge-
sheet dated 21.06.2025 along with cognizance/summoning order dated
25.07.2025 and the entire proceeding of Criminal Case No.15299 of 2025
(State Vs. Naresh and others) arising out of Case Crime No.51 of 2025,
under sections 318(2), 336, 338, 340 BNS, P.S. Saiyan, District Agra,
pending in the court of learned Additional Chief Judicial Magistrate,
Court No.6, Agra.
3. On perusal of the narration of FIR as well as impugned order and
charge-sheet, this Court does not find it to be a case where interference of
this Court is required. No such ground appears to be available in the
present application, on the basis of which, impugned orders can be set
aside.
4. Accordingly, the prayer sought through the instant application, is
refused.
5. Lastly, learned counsel for applicant submitted that liberty may be
granted to applicant to surrender before the court concerned and apply for
bail to which learned AGA has no objection.
6. In view of the aforesaid, the instant application is finally disposed of
NA528 No. 11030 of 2026
2
with a direction to the court concerned that in case, the applicant
surrenders before the court concerned within a period of 15 days from
today and apply for bail, his bail application shall be considered and
decided expeditiously in accordance with law laid down in the case of
Satender Kumar Antil Vs. C.B.I. and Another, reported in 2021 (10)
SCC 773.
7. However, it is made clear that till 15 days from today, no coercive
action shall be taken against applicant herein in pursuance of aforesaid
case.
April 20, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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