Allahabad High Court
SANJAY JAISWAL AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that no ground exists to interfere with the charge sheet and proceedings, and therefore dismissed the application for quash.
Summary
The petitioners, Sanjay Jaiswal and three others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 1‑3‑2025, the cognizance and summoning order dated 3‑11‑2025, and the entire proceedings of State v. Sanjay Jaiswal (Case No. 1054 of 2025) arising from FIR charges under IPC sections 115(2), 352, 351(2), 333 and 117(2). The High Court examined the FIR and the impugned documents and found no ground for interference under Section 528, thereby refusing the petitioners' prayer to set aside the charge sheet and proceedings. The court, however, directed that the petitioners may surrender within 15 days and apply for bail, with no coercive action to be taken against them during that period, citing the Supreme Court decision in Satender Kumar Antil v. CBI. The application was ultimately dismissed.
Issues considered
- Whether the charge sheet, cognizance order 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. 115(2), 117(2), 333, 351(2), 352
Subjects
- quash of FIR
- Section 528 CrPC
- charge sheet
- bail
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16020 of 2026
Sanjay Jaiswal And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Prasad Shukla, Rishabh
Shukla
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 1.3.2025 along with cognizance/summoning order dated
3.11.2025 and entire proceeding of Case No. 1054 of 2025 (State Vs. Sanjay
Jaiswal and others), arising out of Case Crime No. 39 of 2025, under
Sections 115(2), 352, 351(2), 333, 117(2) BNS, P.S. Buxa, District Jaunpur.
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 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. 16020 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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