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Allahabad High Court

RAMAPATI @ RAJPATI DEVIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application for quashing the criminal proceedings is dismissed.

Summary

The applicant, Ramapati, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the entire proceedings of Criminal Case No. 4267 of 2025 (State vs. Ramchandra) arising from FIR No. 145 of 2024. The High Court examined the FIR, the impugned order and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the case. However, the court directed that the applicant may surrender before the trial court within 15 days and apply for bail, and that no coercive action be taken against him during that period. The bail application, if filed, is to be considered expeditiously.

Issues considered

  • Whether the order and chargesheet in Criminal Case No. 4267 of 2025 can be quashed under Section 528 of the CrPC.

Legislation cited

Subjects

  • quash of criminal proceeding
  • Section 528 CrPC
  • bail
  • surrender
  • coercive action
  • criminal procedure

Judgment

   HIGH COURT OF JUDICATURE AT ALLAHABAD

      APPLICATION U/S 528 BNSS No. - 16033 of 2026



Ramapati @ Rajpati Devi
                                                   .....Applicant(s)
                             Versus
State of U.P. and Another
                                                      .....Opposite
                                                            Party(s)

Counsel for Applicant(s)      : Archana Yadav, Rama Yadav,
                                Tripurari Pal
Counsel for Opposite Party(s) : G.A.

Court No. - 77

           HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant and learned AGA
appearing for the State.

2. This present application has been filed for seeking quashing of
entire proceeding of Criminal Case No.4267 of 2025 (State Vs.
Ramchandra and others), arising out of Case Crime No.145 of
2024, under Section 108 BNS, P.S. Sultanpur Gosh, District
Fatehpur, pending before learned court concerned.

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 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 applicant has submitted that liberty
may be granted to applicant 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
                                                                                        NA528 No. 16033 of 2026
                                                                  2

                                        disposed of with a direction to the court concerned that in case,
                                        the applicant surrenders before the court concerned within a
                                        period of 15 days from today and applies for bail, his bail
                                        application shall be considered and decided expeditiously in
                                        accordance with law.

                                        7. However, it is made clear that till 15 days from today, no
                                        coercive action shall be taken against applicant herein in
                                        pursuance of aforesaid case.

                                        May 6, 2026
                                        Vivek Kr.
                                                                                (Saurabh Srivastava,J.)




Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad


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