Allahabad High Court
JAGDEESH AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that no sufficient ground exists to quash the chargesheet or the proceedings, and therefore dismissed the application under Section 528 CrPC.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 28.05.2025, the cognizance and summoning order dated 04.11.2025, and the entire proceedings in State v. Jagdeesh and others (Case No. 156601 of 2025). The court examined the FIR, the impugned order and the chargesheet and found no sufficient ground to interfere with or set aside the proceedings. Consequently, the application for quashing was refused. The court, however, directed that the applicants may surrender within 15 days and apply for bail, which shall be decided expeditiously, and ordered that no coercive action be taken against them during that period. The direction to consider the bail application is in line with the Supreme Court decision in Satender Kumar Antil v. CBI (2022).
Issues considered
- What are the grounds, if any, for quashing the chargesheet and proceedings under Section 528 CrPC?
- Whether the High Court can set aside the cognizance and summoning order in the absence of specific statutory grounds?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 191(2), 351(3), 352
Subjects
- Section 528 CrPC
- quash of chargesheet
- bail application
- coercive action
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15225 of 2026
Jagdeesh And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhakar Shukla
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 28.05.2025 along with cognizance/summoning
order dated 04.11.2025 and entire proceeding of Case No.156601
of 2025 (State Vs. Jagdeesh and others), arising out of Case
Crime No.63 of 2025, under Sections 191(2), 115(2), 352, 351(3)
BNS, P.S. Sen Paschim Para, District Kanpur Nagar, pending in
the court of learned Additional Chief Judicial Magistrate-I,
Kanpur Nagar.
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.
NA528 No. 15225 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 7, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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