Allahabad High Court
SHANI KUMAR VERMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no sufficient grounds to quash the charge‑sheet or the cognizance order, and therefore refused the application.
Summary
The applicant, Shani Kumar Verma, filed an application under Section 528 of the Criminal Procedure Code seeking the quashing of a charge‑sheet dated 25‑08‑2025 and the cognizance order dated 06‑02‑2026 in a criminal case (Case No. 31 of 2026) arising from FIR under Sections 106(1) and 281 of the relevant statutes. The High Court examined the FIR, charge‑sheet and the magistrate’s order and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the charge‑sheet. The court, however, allowed the applicant to surrender within 15 days and apply for bail, noting that no coercive action should be taken against him during that period. The application was therefore dismissed, with directions for surrender and bail consideration as per the Supreme Court’s decision in Satender Kumar Antil v. CBI.
Issues considered
- Whether the High Court can quash the charge‑sheet and cognizance order under Section 528 CrPC.
- Whether there exist sufficient grounds for interference with the magistrate’s proceedings.
Legislation cited
- BNS — s. 281
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 106(1)
Subjects
- quash of charge sheet
- Section 528 CrPC
- bail
- criminal procedure
- High Court
- magistrate order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17157 of 2026
Shani Kumar Verma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bijay Kumar Srivastava, Devendra
Kumar Bind, Zainab Parveen
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 25.8.2025 along with cognizance/summoning order dated
6.2.2026 passed by learned Judicial Magistrate, Court no. 4, Prayagraj and
entire proceeding of Case No. 31 of 2026 (State Vs. Shani Kumar Verma),
arising out of Case Crime No. 0058 of 2025, under Sections 106(1), 281
BNS, P.S. Bara, District Prayagraj.
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,
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 disposed of with
a direction to the court concerned that in case, the applicant 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, his bail
NA528 No. 17157 of 2026
2
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 applicant 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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