Allahabad High Court
RAMCHANDRA RAI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application for quashing the cognizance and summons order is dismissed as no ground for interference exists.
Summary
The applicants, Ramchandra Rai and three others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the cognizance and summons order dated 07‑01‑2019 and a subsequent order dated 30‑03‑2026 in State v. Ramchandar case, which arose from an FIR under IPC sections 504, 506, 511 and 326‑B. The High Court examined the FIR, the impugned orders and the charge‑sheet and concluded that no ground existed for interference under Section 528. Consequently, the court refused the prayer to set aside the orders. However, the court directed that if the applicants surrender within 15 days and apply for bail, their bail applications must be dealt with expeditiously, citing Satender Kumar Antil v. CBI (2022). The court also ordered that no coercive action be taken against the applicants during the 15‑day period.
Issues considered
- Whether the order of cognizance and summons dated 07‑01‑2019 can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 326-B, 504, 506, 511
Subjects
- quash of FIR
- Section 528 CrPC
- bail application
- coercive action
- IPC offences
- High Court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18419 of 2026
Ramchandra Rai And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Basant Kumar Upadhyay,
Manish Kumar, Saket Mani
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
cognizance/summoning order dated 07.01.2019 along with order
dated 30.03.2026 passed in Case No.48 of 2019 (State Vs.
Ramchandar and others), arising out of Case Crime No.540 of
2018, under Sections 504, 506, 511, 326-B IPC, P.S. Badagaon,
District Varanasi, pending in the court of learned Additional
Chief Judicial Magistrate-V, Varanasi.
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
NA528 No. 18419 of 2026
2
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, 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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