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Allahabad High Court

NAVED ANWAR KHAN AND 5 OTHERSversusSTATE OF UP AND ANOTHER

Decided

Holding

The application under Section 528 CrPC is dismissed; the charge‑sheet and the criminal proceedings stand.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge-sheet dated 12‑10‑2025, the cognizance and summoning order dated 24‑12‑2025, and the entire criminal proceedings in Case No. 342 of 2026 arising from FIR No. 413 of 2025. 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 court, however, directed that the applicants may surrender within 15 days and apply for bail, which shall be considered expeditiously, citing Satender Kumar Antil v. CBI. It also ordered that no coercive action be taken against the applicants during the 15‑day period. The application was therefore disposed of with the above directions.

Issues considered

  • Whether the High Court can quash the charge‑sheet, cognizance order and the criminal proceedings under Section 528 CrPC.
  • Whether any substantive ground exists in the present application to set aside the FIR and the proceedings.

Legislation cited

Subjects

  • Section 528 CrPC
  • quash petition
  • charge‑sheet
  • bail
  • surrender
  • criminal procedure
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 14338 of 2026

Naved Anwar Khan And 5 Others
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Sumit Goyal
Counsel for Opposite Party(s) : Ch. Dil Nisar, G.A., Viresh Kumar
                                Yadav

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 12.10.2025, cognizance/summoning order dated 24.12.2025
and the entire proceeding of Case No.342 of 2026 (State Vs. Naved and
others), arising out of Case Crime No.413 of 2025, under sections 115(2),
191(2), 76, 352 BNS, P.S. Rampur Maniharan, District Saharanpur,
pending before learned Additional Chief Judicial Magistrate- IVth
Saharanpur.

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.
                                                                                         NA528 No. 14338 of 2026
                                                                   2


                                    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, 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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