Allahabad High Court
AJAY SHEKHAR SINGH @ CHULLUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there was no ground to quash the order and the criminal proceedings, and therefore dismissed the application.
Summary
The applicant, Ajay Shekhar Singh, filed an application under Section 528 of the Criminal Procedure Code seeking to quash an order dated 30‑04‑2025 passed by the Chief Judicial Magistrate, Varanasi, in a case arising from a 1999 FIR under IPC sections 457, 411 and 380. The High Court examined the FIR, the impugned order and the charge‑sheet and concluded that no ground existed for interference under Section 528. Consequently, the Court refused the prayer to set aside the order and the criminal proceedings. The Court, however, permitted the applicant to surrender within 15 days and apply for bail, directing that no coercive action be taken against him during that period. The bail application, if filed, must be decided expeditiously in line with the precedent of Satender Kumar Antil v. CBI.
Issues considered
- Whether the order of the Chief Judicial Magistrate can be quashed under Section 528 CrPC.
- Whether there are sufficient grounds for the High Court to interfere with the criminal proceedings arising from the FIR.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 380, 411, 457
Subjects
- Section 528 CrPC
- quash order
- bail
- surrender
- IPC sections 457 411 380
- High Court of Allahabad
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14423 of 2026
Ajay Shekhar Singh @ Chullu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Yadvesh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed for seeking quashing of order
dated 30.04.2025 passed by Chief Judicial Magistrate, Varanasi in Case
No.4506 of 2017 (State Vs. Soaib and others), arising out of Case Crime
No.538 of 1999, under Sections 457, 411, 380 IPC, Police Station Cantt.
District Varanasi, pending in the court of learned Chief Judicial
magistrate, Varanasi.
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 applicant 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
NA528 No. 14423 of 2026
2
surrenders before the court concerned within a period of 15 days from
today and apply for bail, his 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 applicant 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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