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Allahabad High Court

PARAS LAMGORA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that the application under Section 528 CrPC is not maintainable and therefore refused to quash the chargesheet and the proceedings.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 22.03.2022, the cognizance and summoning order dated 20.06.2023, and the entire proceedings in Case No.17910 of 2023 relating to offences under Sections 323, 504 and 506 IPC. The High Court examined the FIR, the impugned order and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the chargesheet and dismissed the application. The court, however, allowed the applicants liberty to surrender within three weeks and apply for bail, directing that any bail application be decided expeditiously, and ordered that no coercive action be taken against them during that period. The application was finally disposed of with the above directions.

Issues considered

  • Whether the application under Section 528 CrPC for quashing the chargesheet and cognizance order is maintainable.
  • Whether there exist sufficient grounds to set aside the chargesheet and the proceedings under Sections 323, 504 and 506 IPC.
  • Whether the court can direct liberty to surrender and expedite bail proceedings.

Legislation cited

Subjects

  • Section 528 CrPC
  • quash of chargesheet
  • bail
  • criminal procedure
  • coercive action
  • application dismissed

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 13490 of 2026

Paras Lamgora And Another
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Amit Kumar Srivastava, Dinesh Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 77
                  HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicants and learned AGA appearing for
the State.

2. This application has been filed for seeking quashing of chargesheet
dated 22.03.2022 along with cognizance/summoning order dated
20.06.2023 and entire proceeding of Case No.17910 of 2023 (State Vs.
Paras Lamgora and another), arising out of Case Crime No.180 of 2022,
under Sections 323, 504, 506 IPC, P.S. Kotwali, District Fatehpur,
pending in the court of learned Chief Judicial Magistrate, Fatehpur.

3. On perusal of the narration of FIR as well as impugned order and
chargesheet, 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 order along with
chargesheet and entire proceedings of the said case, can be set aside.

4. Accordingly, the prayer sought through the instant application, is
refused.

5. Lastly, learned counsel for applicants has submitted that liberty may be
granted to applicants 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
with a direction to the court concerned that in case, the applicants
surrender before the court concerned within a period of three weeks from
                                                                                         NA528 No. 13490 of 2026
                                                                  2


                                    today and apply for bail, their bail application shall be considered and
                                    decided expeditiously in accordance with law laid down in the case of
                                    Satender Kumar Antil Vs. Central Bureau of Investigation and
                                    another (2022 SCC OnLine SC 825).

                                    7. However, it is made clear that till three weeks from today, no coercive
                                    action shall be taken against applicants herein in pursuance of aforesaid
                                    case.

                                    April 3, 2026
                                    Ashish/-

                                                                                     (Saurabh Srivastava,J.)




Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad


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