Allahabad High Court
SANJAY KUMAR SONKARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that no ground exists under Section 528 CrPC to quash the proceedings, and therefore dismissed the application.
Summary
The applicant, Sanjay Kumar Sonkar, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the entire criminal proceeding (Case No. 2571 of 2019) filed by the State of Uttar Pradesh, which involved offences under Sections 419, 420, 467, 468 and 406 of the Indian Penal Code. The High Court examined the FIR, the charge‑sheet and the cognizance order and concluded that the material on record did not disclose any ground for interference under Section 528. Consequently, the court refused the prayer to set aside the charge‑sheet and the proceeding. The court also directed the applicant to surrender before the trial court in compliance with a non‑bailable warrant, granting a four‑week period during which no coercive action would be taken. After the expiry of this period, the trial court was instructed to proceed as per law. The application was therefore disposed of.
Issues considered
- Whether the facts disclosed in the FIR and charge‑sheet constitute sufficient grounds to invoke Section 528 CrPC for quashing the criminal proceeding.
- Whether the High Court can set aside the cognizance order and charge‑sheet in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 406, 419, 420, 467, 468
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- charge sheet
- cognizance order
- non‑bailable warrant
- surrender
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14282 of 2026
Sanjay Kumar Sonkar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Upendra Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Upendra Upadhyay, learned counsel for applicant and learned
AGA appearing for the State.
2. This present application has been filed for seeking quashing of entire
proceeding including charge sheet, cognizance order in Criminal Case no.
2571 of 2019 (State vs. Sanjay Kumar) arising out of Case Crime no. 280 of
2015 under sections 419, 420, 467, 468, 406 IPC, PS- Handia, District
Allahabad pending in court of learned Additional Chief Judicial Magistrate,
Court no. 8, Allahabad.
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 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
impugned NBW order issued against applicant within four weeks from
NA528 No. 14282 of 2026
2
today. Till four weeks from today, no coercive action shall be initiated
against the applicant. After the expiry of aforesaid period of four weeks,
learned concerned court is directed to 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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