Allahabad High Court
ASHOK KUMAR SETHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground to interfere with the charge sheet and cognizance order, and therefore refused to quash them.
Summary
The applicant, Ashok Kumar Seth, filed an application under Section 528 of the Criminal Procedure Code seeking the quashing of a charge sheet dated 25 May 2015 and a cognizance order dated 9 June 2015 issued by the Chief Judicial Magistrate, Varanasi, in criminal case No. 446/2019 relating to offences under Sections 457, 380 and 411 of the Indian Penal Code. The applicant contended that the proceedings should be set aside. The High Court examined the FIR, the charge sheet and the impugned order and found no ground for interference under Section 528 CrPC. Consequently, the court refused the prayer to quash the charge sheet and the cognizance order. The court, however, directed the applicant to surrender before the concerned court in compliance with a non‑bailable warrant, granting a 15‑day period during which no coercive action would be taken. The application was thereafter disposed.
Issues considered
- Whether the charge sheet and cognizance order can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 380, 411, 457
Subjects
- quash
- charge sheet
- Section 528 CrPC
- non‑bailable warrant
- surrender
- IPC Sections 457, 380, 411
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14223 of 2026
Ashok Kumar Seth
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rasmi Khilwani
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. This present application has been filed for seeking quashing of charge
sheet dated 25.5.2015 as well as cognizance order dated 9.6.2015 passed by
learned Chief Judicial Magistrate, Varanasi and entire proceeding of Case
no. 446/2019 (State vs. Vishal Patel and others) arising out of Case Crime
no. 59/2015 under sections 457, 380, 411 IPC, PS- Cantt., District 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 proceeding, 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 in pursuance to
NBW order issued against applicant to which learned AGA has no objection.
6. Considering the facts and circumstances of the matter, applicant is
directed to appear before the learned court concerned in pursuance to NBW
order issued against applicant within 15 days from today. Till 15 days from
today, no coercive action shall be initiated against the applicant. After the
expiry of aforesaid period of 15 days, learned concerned court is directed to
NA528 No. 14223 of 2026
2
proceed as per law.
7. With the aforesaid observation, the application is disposed of.
(Saurabh Srivastava,J.)
May 7, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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