Allahabad High Court
LALJI YADAV AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed as no ground exists to quash the chargesheet or the proceedings.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 07-08-2025, the cognizance and summoning order dated 05-02-2026, and the entire proceedings of case No. 2451 of 2026 arising from FIR containing offences under various IPC sections. The High Court examined the FIR, the impugned order and the chargesheet along with the injury report 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 15 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 High Court has jurisdiction to quash the chargesheet and proceedings under Section 528 CrPC in the present case.
- Whether the facts disclosed in the FIR and chargesheet disclose any ground for setting aside the proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115(2), 117(2), 131, 333, 351(3), 352, 61(2)
Subjects
- Section 528 CrPC
- quash of chargesheet
- High Court of Allahabad
- bail application
- IPC offences
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15351 of 2026
Lalji Yadav And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Yadav, Satish
Kumar Pandey
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 07.08.2025 along with cognizance/summoning
order dated 05.02.2026 and entire proceeding of Case No.2451 of
2026 (State Vs. Lalji Yadav and others), arising out of Case
Crime No.284 of 2025, under Sections115(2), 352, 351(3), 110,
117(2), 131, 333, 61(2) BNS, P.S. Mubarakpur, District
Azamgarh, pending in the court of learned Chief Judicial
Magistrate, Azamgarh.
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
NA528 No. 15351 of 2026
2
objection.
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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