Allahabad High Court
MOHD MOHSIN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground to quash the chargesheet and cognizance order, and therefore dismissed the application.
Summary
The applicants, Mohd Mohsin and another, filed an application under Section 528 of the Code of Criminal Procedure seeking to quash a chargesheet dated 30‑06‑2022 and a cognizance order dated 17‑12‑2022 in a case involving offences under Sections 323, 324, 325, 504, 506 and 308 of the Indian Penal Code. The High Court examined the FIR, the chargesheet and the injury report and concluded that no ground existed for judicial interference under Section 528. Consequently, the court refused to set aside the chargesheet or the cognizance order. The court, however, directed that the applicants may surrender within 15 days and apply for bail, and that no coercive action be taken against them during that period. The bail application, if filed, must be decided expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI.
Issues considered
- Whether the chargesheet and cognizance order can be quashed under Section 528 CrPC.
- Whether any ground exists for interference with the criminal proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 308, 323, 324, 325, 504, 506
Subjects
- quashing of FIR
- Section 528 CrPC
- bail
- chargesheet
- criminal procedure
- IPC offences
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15078 of 2026
Mohd Mohsin And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Tripathi, Vinod
Kumar Tirpathi
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA
appearing for the State.
2. This application has been filed for seeking quashing of
chargesheet dated 30.06.2022 along with cognizance/summoning
order dated 17.12.2022 passed in Case No.35961 of 2022, arising
out of Case Crime No.105 of 2022, under Sections 323, 324, 325,
504, 506, 308 IPC, P.S. Kiratpur, District Bijnor, pending in the
court of learned court concerned.
3. On perusal of the narration of FIR as well as impugned order
and chargesheet along with injury report, 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 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 has 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. 15078 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. Central Bureau of Investigation and another (2022
SCC OnLine SC 825).
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 6, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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