Allahabad High Court
VISHAL @ MIMI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that no ground exists to interfere with the criminal proceeding and therefore dismissed the application for quash under Section 528 CrPC.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the entire criminal proceeding (Criminal Case No.11908 of 2025) arising from FIR and chargesheet under various IPC sections. The High Court examined the FIR, the impugned order, the chargesheet and the injury report and found no ground for interference under Section 528. Consequently, the court refused the prayer to set aside the proceedings. The court, however, directed that the applicants may surrender within 15 days and apply for bail, and ordered that no coercive action be taken against them during that period. The bail application, if filed, must be decided expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI.
Issues considered
- Whether the facts disclosed in the FIR, chargesheet and related documents disclose any ground to invoke Section 528 CrPC for quashing the criminal proceeding.
- Whether the impugned order and the entire proceeding can be set aside by the High Court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 117(2), 351(3), 352
Subjects
- Section 528 CrPC
- quash of criminal proceeding
- bail
- interim relief
- criminal procedure
- Allahabad High Court
- coercive action
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16502 of 2026
Vishal @ Mimi And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandrajeet
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA
appearing for the State.
2. This application has been filed for seeking quashing of entire
proceeding of Criminal Case No.11908 of 2025 (State Vs. Vishal
@ Mimi and others), arising out of Case Crime No.30 of 2025,
under Sections 115(2), 352, 351(3), 117(2) BNS, P.S. Hapur
Dehat, District Hapur along with NBW order dated 16.02.2026,
pending in the court of learned Additional Chief Judicial
Magistrate, Hapur.
3. On perusal of the narration of FIR as well as impugned order
and chargesheet along with injury report, 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 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.
NA528 No. 16502 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 applicants surrender before the court concerned within a
period of 15 days from today and apply for bail, 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.
May 7, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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