Allahabad High Court
BIRBAL RAMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground for interference and therefore refused to quash the charge sheet, orders, and proceedings.
Summary
Birbal Ram filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 7 July 2023, the cognizance and summoning order dated 21 October 2023, and a non‑bailable warrant dated 26 February 2026 issued by the Chief Judicial Magistrate, Ballia, as well as the entire proceedings in case 10048/2023 (State vs. Sanjay Ram) relating to offences under Sections 323, 504 and 506 IPC. The Allahabad High Court examined the FIR, charge sheet and the orders and found no ground for interference under Section 528. Consequently, the court refused the prayer to quash the documents and proceedings. The court, however, allowed the applicant liberty to surrender before the concerned court within 15 days, directing that no coercive action be taken during that period. After the 15‑day window, the concerned court may proceed as per law. The application was thereafter disposed of.
Issues considered
- Whether the charge sheet, cognizance order, non‑bailable warrant and the entire proceeding can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- Section 528 CrPC
- quash of FIR
- charge sheet
- non‑bailable warrant
- IPC offences
- surrender
- high court order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15984 of 2026
Birbal Ram
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Yadav
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 7.7.2023, cognizance/summoning order dated
21.10.2023 as well as Non-Bailable Warrant dated 26.2.2026
issued by learned Chief Judicial Magistrate, Ballia as well as
entire proceeding of Case no. 10048/2023 (State vs. Sanjay Ram
and others) arising out of Case Crime no. 183/2023 under
sections 323, 504, 506 IPC, PS- Sikandarpur, District Ballia.
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 proceeding,
can be set aside.
4. Accordingly, the prayer sought through the instant application,
is refused.
5. Lastly, learned counsel for applicant has submitted that liberty
may be granted to applicant to surrender before the court
concerned in pursuance to NBW order to which learned AGA has
NA528 No. 15984 of 2026
2
no objection.
6. Considering the facts and circumstances of the matter,
applicant is directed to appear before the learned court concerned
in pursuance to impugned NBW order within 15 days from today.
Till 15 days from today, no coercive action shall be initiated
against the applicant. After the expiry of aforesaid period of 15
days, learned concerned court is directed to proceed as per law.
7. With the aforesaid observation, the application is disposed of.
May 5, 2026
Shaswat
(Saurabh Srivastava,J.)
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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