Allahabad High Court
JAHID ALIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there was no ground to quash the charge sheet or the cognizance order and therefore dismissed the application.
Summary
The applicant, Jahid Ali, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 28‑10‑2025, the cognizance order dated 17‑1‑2026, and the criminal proceedings (Case No. 461 of 2026) arising from FIR No. 269 of 2025 that alleged offences under Sections 281, 125(a), 125(b), 324(4) and 105 of the Indian Penal Code. The High Court examined the FIR, the impugned order and the charge sheet and found no ground for interference or for setting aside the proceedings. Consequently, the Court refused the prayer for quashing the charge sheet and the cognizance order. The Court, however, allowed the applicant liberty to surrender within 15 days and to apply for bail, which the opposing counsel did not object to. It directed that no coercive action be taken against the applicant during the 15‑day period and that any bail application be decided expeditiously.
Issues considered
- Whether the High Court can quash the charge sheet and cognizance order under Section 528 CrPC in the present facts.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 105, 125(a), 125(b), 281, 324(4)
Subjects
- Section 528 CrPC
- quash of charge sheet
- cognizance order
- bail
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14286 of 2026
Jahid Ali
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivam Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of charge
sheet dated 28.10.2025, cognizance order dated 17.1.2026 and proceeding of
Case no. 461 of 2026 (State vs. Jahid Ali) arising out of Case Crime no. 269
of 2025 under sections 281, 125(a), 125(b), 324(4) 105 BNS, PS-
Madhotanda, District Pilibhit.
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 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 applicant surrender before
the court concerned within a period of 15 days from today and apply for bail,
their bail application shall be considered and decided expeditiously in
NA528 No. 14286 of 2026
2
accordance with law.
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.
(Saurabh Srivastava,J.)
May 7, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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