Allahabad High Court
SHIVAM PALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that the application under Section 528 CrPC is not maintainable as there are no grounds to quash the charge‑sheet or the proceedings.
Summary
The applicant, Shivam Pal, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 29‑05‑2025, the cognizance and summoning order dated 01‑01‑2026, and the entire criminal proceedings in Case No. 1957 of 2026. The High Court examined the record and found no sufficient ground to interfere with the charge‑sheet or the proceedings. Consequently, the court refused the prayer to quash the documents and the case. However, the court directed that the applicant may surrender within 15 days and apply for bail, with the bail application to be decided expeditiously, citing Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicant during the 15‑day period.
Issues considered
- Whether the applicant has sufficient grounds under Section 528 CrPC to quash the charge‑sheet, cognizance order and the criminal proceedings.
- Whether the court can grant liberty to the applicant to surrender and seek bail pending the disposal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 115(2), 351(3), 528, 74
Subjects
- Section 528 CrPC
- quashing of FIR
- charge‑sheet
- bail
- surrender
- criminal procedure
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16186 of 2026
Shivam Pal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pratap Shanker Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned AGA for
the State.
2. The instant application has been preferred for seeking quashing
of charge-sheet dated 29.05.2025, cognizance/summoning order
dated 01.01.2026 and the entire proceeding of Case No.1957 of
2026 (State Vs. Shivam Pal) under sections 74, 115(2), 351(3)
BNS, arising out of Case Crime No.156 of 2025, P.S. Kalyanpur,
District- Western (Commissionerate Kanpur Nagar), pending in
the court of learned Additional Chief Judicial Magistrate- II,
Kanpur Nagar.
3. On perusal of entire record appended along with instant
application, 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 charge-sheet, cognizance/summoning order as well
as entire criminal 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 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.
NA528 No. 16186 of 2026
2
6. In view of the aforesaid, the instant application is finally
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 apply for bail, his bail
application shall be considered and decided expeditiously in
accordance with law laid down in the case of Satender Kumar
Antil Vs. C.B.I. and Another, reported in 2021 (10) SCC 773.
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
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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