Allahabad High Court
AVINASH UPADHYAYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there is no ground to quash the chargesheet and cognizance order, and therefore refused the application.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash a chargesheet dated 26‑09‑2024 and the cognizance order dated 30‑10‑2025 in a case involving offences under Sections 406, 419, 420, 467, 468, 471, 504, 506 and 109 of the IPC. The High Court examined the FIR, the chargesheet and the order and found no ground for interference under Section 528. Consequently, the court refused the prayer to set aside the chargesheet and the proceedings. The court, however, directed that the applicant may surrender within 15 days and apply for bail in respect of the non‑bailable warrant dated 10‑03‑2026, and that no coercive action be taken during that period. The application was therefore dismissed with the direction to consider any bail application expeditiously.
Issues considered
- Whether the chargesheet and cognizance order can be quashed under Section 528 CrPC
- Whether any ground exists for the High Court to interfere with the proceedings of the lower court
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 109, 406, 419, 420, 467, 468, 471, 504, 506
Subjects
- quashing of FIR
- Section 528 CrPC
- bail
- non‑bailable warrant
- Indian Penal Code
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13894 of 2026
Avinash Upadhyay
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anuj Kumar, Arvind Kumar Singh,
Krishna Kumar Chaudhari
Counsel for Opposite Party(s) : G.A., Gaurav Gautam, Srishti Singh
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and Mr. Noor Mohammad, learned
counsel appearing on behalf of opposite party no.2 as well as learned AGA.
2. This present application has been filed for seeking quashing of
chargesheet dated 26.09.2024 along with cognizance/summoning order
dated 30.10.2025 passed in the case arising out of Case Crime No.04 of 2023
(State Vs. Beena Rai and others), under Sections 406, 419, 420, 467, 468,
471, 504, 506, 109 IPC, P.S. Maduwadeeh, District Varanasi, pending in the
court of learned Additional Chief Judicial Magistrate, Court No.2, Varanasi.
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 applicant has submitted that liberty may be
granted to applicant to surrender before the court concerned and apply for
bail in pursuance of non bailable warrant issued against applicant to which
learned counsel appearing on behalf of opposite party no.2 as well as 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 applicant surrenders
before the court concerned within a period of 15 days from today and applies
for bail in pursuance of NBW order dated 10.03.2026, the same shall be
NA528 No. 13894 of 2026
2
considered and decided expeditiously in accordance with settled law.
7. However, it is made clear that till 15 days from today, no coercive action
shall be taken against the applicant herein in the present case.
May 6, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
Checking your session…