Allahabad High Court
SHALINI AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that the application under Section 528 CrPC is untenable and therefore refused to quash the charge‑sheet or the proceedings.
Summary
The petitioners filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 15‑10‑2025, the cognizance and summoning order dated 27‑01‑2026, and the entire criminal proceedings in Case No. 39 of 2026 (State v. Hemant & others). The High Court examined the FIR, the impugned order and the charge‑sheet and found no ground for interference under the provisions of Section 528. Consequently, the Court refused the prayer to set aside the charge‑sheet or the proceedings. The Court, however, directed that if the petitioners surrender within 15 days and apply for bail, their bail applications should be decided expeditiously, citing Satender Kumar Antil v. CBI (2021). Until the surrender, the Court ordered that no coercive action be taken against the petitioners.
Issues considered
- Whether the High Court can quash the charge‑sheet and the criminal proceedings under Section 528 of the CrPC.
- Whether any sufficient ground exists to interfere with the magistrate's cognizance and summoning order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115(2), 117(2), 191(2), 351(2), 352
Subjects
- Section 528 CrPC
- quash of FIR
- charge‑sheet
- bail application
- Allahabad High Court
- criminal procedure
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14331 of 2026
Shalini And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Chandra Solanki, Varsha
Soni
Counsel for Opposite Party(s): G.A., Sanjay Mishra
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned A.G.A. appearing for the
State.
2. The present application has been filed for seeking quashing of charge-sheet
dated 15.10.2025, cognizance/summoning order dated 27.01.2026 and the
entire proceeding of Case No.39 of 2026 (State Vs. Hemant and others),
arising out of Case Crime No.180 of 2024, under Sections 115(2), 191(2),352,
351(2), 110, 117(2) BNS, Police Station Ekdil, District Etawah, pending before
learned Additional Chief Judicial Magistrate, Copurt No.5, Etawah.
3. On perusal of the narration of FIR as well as impugned order and charge-
sheet, 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 charge-sheet and entire
criminal 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 applicants submitted that liberty may be granted
to applicants 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 applicants surrender before
the court concerned within a period of 15 days from today and apply for bail,
NA528 No. 14331 of 2026
2
their bail application shall be considered and decided expeditiously in
accordance with law laid down in the case of Satender Kumar Antil Vs.
C.B.I. and Another, reported in 2021 (10) SCC 773.
7. However, it is made clear that till 15 days from today, no coercive action
shall be taken against applicants herein in pursuance of aforesaid case.
May 7, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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