Allahabad High Court
KAPTAN SINGH AND 11 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground to interfere with the chargesheet and proceedings, and therefore the application for quash is dismissed.
Summary
The applicants, Kaptan Singh and eleven others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a chargesheet dated 20‑10‑2021, the cognizance and summoning order dated 10‑02‑2022, and the entire proceedings of Case No. 5209 of 2024 relating to offences under several IPC sections and Section 7 of the CLA Act. The High Court examined the FIR, the impugned order and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the chargesheet and dismissed the application. The court, however, directed that the applicants may surrender within fifteen days and apply for bail, which shall be decided expeditiously, and ordered that no coercive action be taken against them during that period.
Issues considered
- Whether the chargesheet, cognizance order and the entire proceedings can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 147, 149, 188, 269, 270, 323, 336, 452
Subjects
- Section 528 CrPC
- quash of chargesheet
- bail application
- coercive action
- IPC offences
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15239 of 2026
Kaptan Singh And 11 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Chaurasia
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Rajit Ram, Advocate holding brief of Sri Ravindra
Prakash Srivastava, learned counsel for applicants and learned
AGA appearing for the State.
2. This application has been filed for seeking quashing of
chargesheet dated 20.10.2021 along with cognizance/summoning
order dated 10.02.2022 and entire proceeding of Case No.5209 of
2024, arising out of Case Crime No.60 of 2021, under Sections
323, 147, 149, 188, 269, 270, 452, 336 IPC and 7 CLA Act, P.S.
Iradnagar, District Agra, pending in the court of learned
Additional Chief Judicial Magistrate-10, Agra.
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. 15239 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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