Allahabad High Court
AMIT @ AMARDEEP AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed as no ground for interference is found.
Summary
The applicants Amit @ Amardeep and another filed a petition under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 1 July 2025, the cognizance/summoning order dated 15 December 2025 and the entire criminal proceedings (Case No. 51215 of 2025) pending before the Additional Chief Judicial Magistrate, Shikohabad. They alleged deficiencies in the FIR and charge‑sheet and prayed for dismissal of the case. The High Court examined the FIR, charge‑sheet and the impugned orders and found no ground on which it could interfere under Section 528. Accordingly, the court refused the prayer to quash the charge‑sheet and directed that the applicants may surrender within 15 days and apply for bail, which shall be decided expeditiously in accordance with Satender Kumar Antil v. C.B.I. The court also ordered that no coercive action be taken against the applicants during the 15‑day period.
Issues considered
- Whether the High Court can quash the charge‑sheet and criminal proceedings under Section 528 of the Criminal Procedure Code
- Whether the petition discloses sufficient grounds for interference with the magistrate’s cognizance order
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115(2)
Subjects
- quashing of FIR
- Section 528 CrPC
- charge‑sheet
- bail
- criminal procedure
- High Court interference
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14686 of 2026
Amit @ Amardeep And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajnesh Kumar
Counsel for Opposite Party(s) : G.A.
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 01.07.2025, cognizance/summoning order dated 15.12.2025 and
the entire proceeding of Case No.51215 of 2025 (State Vs. Amit @
Amardeep and others), arising out of Case Crime No.182 of 2025, under
sections 115(2), 110 BNS, P.S. Jasrana, District- Firozabad, pending in the
court of learned Additional Chief Judicial Magistrate, Shikohabad, District
Firozabad.
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, 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.
NA528 No. 14686 of 2026
2
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.
April 10, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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