Allahabad High Court
KRISHNA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there was no ground to quash the chargesheet and the proceedings, and therefore dismissed the application.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking quash of the chargesheet dated 21‑12‑2021, the cognizance and summoning order dated 14‑01‑2022, and the non‑bailable warrant dated 14‑11‑2022, along with the entire proceedings of Criminal Case No. 49 of 2022 (State v. Deepak Singh @ Bablu & others). The case arose from FIR No. 150 of 2021 alleging offences under Sections 147, 148, 149, 323, 452, 504, 308 and 325 IPC. The High Court examined the FIR, the impugned orders and the injury report and found no ground for interference or for setting aside the chargesheet and proceedings. Consequently, the court refused the prayer for quash and dismissed the application. However, the court directed that the applicant may surrender within three weeks and apply for bail under the non‑bailable warrant dated 10‑05‑2023, and that no coercive action be taken against him during that period.
Issues considered
- Whether the chargesheet, cognizance order and non‑bailable warrant can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 148, 149, 308, 323, 325, 452, 504
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- non‑bailable warrant
- bail application
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15114 of 2026
Krishna Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Singh Rathaur, Rajesh Kumar
Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. This present application has been filed for seeking quashing of
chargesheet dated 21.12.2021 along with cognizance/summoning order
dated 14.01.2022 as well as order of N.B.W. dated 14.11.2022 and entire
proceeding of Criminal Case No.49 of 2022 (State Vs. Deepak Singh @
Bablu and others), arising out of Case Crime No.150 of 2021, under Sections
147, 148, 149, 323, 452, 504, 308, 325 IPC, P.S. Bansdih Road, District
Ballia, pending in the court of learned Judicial Magistrate-II, Ballia.
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 applicant has submitted that liberty may be
granted to applicant to surrender before the court concerned and apply for
bail in pursuance of non bailable warrant issued against applicant 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 surrenders
before the court concerned within a period of three weeks from today and
applies for bail in pursuance of NBW order dated 10.05.2023, the same shall
NA528 No. 15114 of 2026
2
be considered and decided expeditiously in accordance with settled law.
7. However, it is made clear that till three weeks from today, no coercive
action shall be taken against the applicant herein in the present case.
May 6, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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