Allahabad High Court
ASHOK KUMAR SETHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no sufficient grounds 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 to quash the charge‑sheet dated 25‑April‑2015 and the cognizance order dated 22‑May‑2015 in State v. Ashok Kumar Seth (Case No. 5851/2015), which arose from FIR No. 125/2015 alleging offences under IPC sections 457, 380, 411 and 201. The High Court examined the FIR, charge‑sheet and the cognizance order and found no material ground to interfere with the proceedings. Consequently, the court refused the prayer to quash the charge‑sheet and the cognizance order. The court also directed the applicant to surrender before the concerned court in compliance with a non‑bailable warrant, granting a 15‑day protection from coercive action. After the 15‑day period, the concerned court may proceed as per law. The application was therefore disposed of.
Issues considered
- Whether the charge‑sheet and cognizance order dated 25‑April‑2015 and 22‑May‑2015 can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 201, 380, 411, 457
Subjects
- quash
- charge sheet
- Section 528 CrPC
- Indian Penal Code
- non‑bailable warrant
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14299 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 25.4.2015 as well as cognizance order dated 22.5.2015 passed by
learned Chief Judicial Magistrate, Varanasi and entire proceeding of Case
no. 5851/2015 (State vs. Ashok Kumar Seth and others) arising out of Case
Crime no. 125/2015 under sections 457, 380, 411, 201 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
NA528 No. 14299 of 2026
2
expiry of aforesaid period of 15 days, 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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