Allahabad High Court
ARUN KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC for quashing the chargesheet and proceedings was dismissed as no ground for interference was found.
Summary
The applicants, Arun Kumar and two others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 19‑09‑2025, the cognizance and summoning order dated 06‑03‑2025, and the entire proceedings of Case No. 2014 of 2026 (State v. Vikas et al.) relating to offences under Sections 126(2), 115(2), 351(3), 117(2) and 109(1) of the IPC. The High Court examined the FIR, the impugned order, the chargesheet and the injury report and found no ground for judicial interference or for setting aside the proceedings. Consequently, the court refused the prayer for quashing. However, the court 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, citing the Supreme Court decision in Satender Kumar Antil v. CBI. The application was therefore dismissed with the above directions.
Issues considered
- Whether the High Court can quash the chargesheet and the proceedings under an application filed under Section 528 CrPC.
- Whether there exist sufficient grounds for interference with the cognizance and summoning order dated 06‑03‑2025.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 109(1), 115(2), 117(2), 126(2), 351(3)
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- bail application
- criminal procedure
- court interference
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15315 of 2026
Arun Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajiv Sisodia, Shashank
Dwivedi
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 19.09.2025 along with cognizance/summoning
order dated 06.03.2025 and entire proceeding of Case No.2014 of
2026 (State Vs. Vikas and others), arising out of Case Crime
No.162 of 2025, under Sections 126(2), 115(2), 351(3), 117(2)
109(1) BNS, P.S. Chandpur, District Bijnor, pending in the court
of learned Chief Judicial Magistrate, Bijnor.
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. 15315 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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