Allahabad High Court
ANMOL AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that there were no sufficient grounds to quash the chargesheet or the proceedings, and therefore dismissed the application under Section 528 CrPC.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking quashing of the chargesheet dated 10‑02‑2026, the cognizance order dated 27‑02‑2026, and the entire proceedings in Case No. 358 of 2026 arising from FIR charges under IPC sections 126(2), 131, 118(1), 115(2), 352 and 351(3). The High Court examined the FIR, the impugned order and the chargesheet and found no ground warranting interference or setting aside the proceedings. Consequently, the Court refused the prayer for quashing the chargesheet and the proceedings. The Court, however, directed that the applicants may surrender within 15 days and apply for bail, which shall be decided expeditiously, citing Satender Kumar Antil v. CBI (2022). It also ordered that no coercive action be taken against the applicants during the 15‑day period. The application was therefore dismissed with the above directions.
Issues considered
- Whether the chargesheet and the proceedings in the criminal case can be quashed under Section 528 of the Criminal Procedure Code.
- Whether any material in the FIR or the chargesheet justifies interference by the High Court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 118(1), 126(2), 131, 351(3), 352
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- bail
- surrender
- High Court
- Indian Penal Code
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18362 of 2026
Anmol And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Saurabh Tripathi
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
chargesheet dated 10.02.2026 along with cognizance/summoning
order dated 27.02.2026 and entire proceeding of Case No.358 of
2026 (State Vs. Anmol and others), arising out of Case Crime
No.342 of 2025, under Sections 126(2), 131, 118(1), 115(2), 352,
351(3) BNS, P.S. S.M. South Distric Shahjahanpur, pending in
the court of learned Additional Civil Judge (S.D.)/ Additional
Chief Judicial Magistrate, Court No.20, Shahjahanpur.
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 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. 18362 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 5, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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