Allahabad High Court
AKHAND NARAYAN SHAKTI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application to quash the proceedings is dismissed; the prayer is refused.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the entire proceedings of State vs. Ramprakash Yadav (Case No.4732 of 2020) involving offences under several IPC sections and Section 7 of the Criminal Law Act. The High Court examined the FIR, the order of cognizance dated 25‑06‑2020 and the charge‑sheet dated 17‑05‑2017 and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the case. However, the court directed that the applicants may surrender within three weeks 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 decision in Satender Kumar Antil v. CBI.
Issues considered
- Whether the High Court can quash the criminal proceedings pending before the Chief Judicial Magistrate under the facts presented.
- Whether any ground exists under Section 528 CrPC for interference with the order of cognizance and charge‑sheet.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Criminal Law Act — s. 7
- Indian Penal Code — s. 143, 185, 186, 322, 336, 341, 353
Subjects
- bail
- quash of criminal proceedings
- Section 528 CrPC
- High Court interference
- criminal procedure
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15194 of 2026
Akhand Narayan Shakti And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghvendra Pratap Singh
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 the entire
proceedings of Case No.4732 of 2020, (State Vs. Ramprakash Yadav and
others) in Case Crime No.0136 of 2017, under Sections 186, 185, 143,
341, 322, 336, 353 IPC and Section 7 of Criminal Law Act, Police Station
Mubarakpur, District Azamgarh alongwith order of cognizance dated
25.06.2020 and chargesheet dated 17.05.2017, pending before Chief
Judicial Magistrate, Azamgarh.
3. On perusal of the narration of FIR as well as impugned order and
chargesheet, 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.
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
NA528 No. 15194 of 2026
2
surrender before the court concerned within a period of three weeks 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 three weeks 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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