Allahabad High Court
MOHAN LAL AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC seeking quashment of the charge sheet and related orders is dismissed.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 7‑8‑2025, the cognizance and summoning order dated 20‑2‑2026, and the entire proceedings of State v. Mohan Lal and others (Case No. 864 of 2026). The court examined the FIR, the impugned order and the charge sheet and found no ground for interference or for setting aside the order. Consequently, the application for quashing was dismissed. The court, however, directed that the applicants may surrender within 15 days and apply for bail, with no coercive action to be taken during that period. The bail application, if filed, should be decided expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI.
Issues considered
- Whether the charge sheet, cognizance order and the proceedings can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115(2), 191(2), 351(3)
Subjects
- quashment of charge sheet
- Section 528 CrPC
- bail
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15928 of 2026
Mohan Lal And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Narsingh Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. This present application has been filed for seeking quashing of charge
sheet dated 7.8.2025 along with cognizance/summoning order dated
20.2.2026 and entire proceeding of Case No. 864 of 2026 (State Vs. Mohan
Lal and others), arising out of Case Crime No. 168 of 2025, under Sections
191(2), 115(2), 351(3), 110 BNS, P.S. Lalganj, District Basti.
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,
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.
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 and if there is no other legal impediment before court concerned,
their bail application shall be considered and decided expeditiously in
NA528 No. 15928 of 2026
2
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.
(Saurabh Srivastava,J.)
May 5, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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