Allahabad High Court
ASHISH @ CHHOTA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that no ground existed to quash the chargesheet, cognizance order or the proceedings, and therefore dismissed the application.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 12‑11‑2025, the cognizance and summoning order dated 01‑01‑2026, and the entire proceedings in Case No. 48 of 2026 arising from FIR charges under IPC sections 110, 118(1), 115(2) and 351(3). The High Court examined the FIR, the chargesheet and the injury report and found no material to justify interference or quashing of the proceedings. Consequently, the court refused the prayer to set aside the chargesheet and orders. It directed that the applicants may surrender within 15 days and apply for bail, and that no coercive action be taken against them during that period. The application was therefore dismissed.
Issues considered
- Whether the chargesheet, cognizance order and the entire proceeding can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115(2), 118(1), 351(3)
Subjects
- quash of FIR
- Section 528 CrPC
- chargesheet
- bail
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15314 of 2026
Ashish @ Chhota And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Chaturvedi, Vinay
Kumar Mishra
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 12.11.2025 along with cognizance/summoning
order dated 01.01.2026 and entire proceeding of Case No.48 of
2026 (State Vs. Ashish @ Chhota and others), arising out of Case
Crime No.638 of 2025, under Sections 110, 118(1), 115(2),
351(3) BNS, P.S. Karvi, District Chitrakoot, pending in the court
of learned Chief Judicial Magistrate, Chitrakoot.
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 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. 15314 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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