Allahabad High Court
ANANDversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that no sufficient ground exists to quash the chargesheet or the proceedings, and dismissed the application.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 06-10-2023, the cognizance and summoning order dated 20-12-2024, and the entire proceedings of Criminal Case No. 7225 of 2024 (State vs. Arvind Yadav and others) relating to offences under Sections 323, 504, 506, 427 and 325 IPC. The High Court examined the FIR, the impugned order, the chargesheet and the injury report and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer for quashing. The court, however, directed that the applicant may surrender within 15 days and apply for bail, and that no coercive action be taken against him during that period, citing the Supreme Court decision in Satender Kumar Antil v. CBI for expeditious bail consideration. The application was therefore dismissed with the above directions.
Issues considered
- Whether the applicant has sufficient grounds under Section 528 CrPC to quash the chargesheet and the proceedings in Criminal Case No. 7225 of 2024.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 325, 427, 504, 506
Subjects
- quash
- Section 528 CrPC
- chargesheet
- bail
- coercive action
- criminal procedure
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15232 of 2026
Anand
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Vishwakarma
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA
appearing for the State.
2. This present application has been filed for seeking quashing of
chargesheet dated 06.10.2023 along with cognizance/summoning
order dated 20.12.2024 and entire proceeding of Criminal Case
No.7225 of 2024 (State Vs. Arvind Yadav and others), arising out
of Case Crime No.282 of 2023, under Sections 323, 504, 506,
427, 325 IPC, P.S. Saraikhwaja, District Jaunpur, pending in the
court of learned Additional Chief Judicial Magistrate-III,
Jaunpur.
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 to which learned AGA has no
objection.
NA528 No. 15232 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 applicant surrenders before the court concerned within a
period of 15 days from today and applies for bail, his 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 applicant 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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