Allahabad High Court
BUDHSEN ALIAS VED PRAKASH AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there is no ground to quash the charge sheet or the proceedings and therefore dismissed the application.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking the quashing of a charge sheet dated 25‑02‑2024, the cognizance and summoning order dated 08‑12‑2025, and the entire proceedings in Case No. 1366 of 2025 arising from FIR No. 657 of 2023. The High Court examined the FIR, the impugned order and the charge sheet, which alleged offences under Sections 147, 148, 149, 323, 504, 506 and 325 of the Indian Penal Code. The Court found no material or legal ground that warranted interference or the setting aside of the charge sheet and the proceedings. Consequently, the prayer for quashing was refused. The Court, however, directed that the applicants may surrender within fifteen days and apply for bail, and that no coercive action be taken against them during that period, with bail to be decided in accordance with the precedent of Satender Kumar Antil v. CBI (2022).
Issues considered
- Whether the charge sheet and the proceedings can be quashed under Section 528 CrPC.
- Whether any legal ground exists for the High Court to interfere with the cognizance and summoning order.
- Whether the applicants are entitled to immediate bail pending surrender.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 323, 325, 504, 506
Subjects
- quash of charge sheet
- Section 528 CrPC
- bail application
- Indian Penal Code offences
- high court intervention
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16238 of 2026
Budhsen Alias Ved Prakash And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Balbir 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 25.2.2024 along with cognizance/summoning order dated
8.12.2025 and entire proceeding of Case No. 1366 of 2025 (State Vs.
Budhsen @ Kalua alias Ved Prakash), arising out of Case Crime No. 657 of
2023, under Sections 147, 148, 149, 323, 504, 506, 325 IPC, P.S.
Harduaganj, District Aligarh.
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,
NA528 No. 16238 of 2026
2
their bail application shall be considered and decided expeditiously in
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 6, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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