Allahabad High Court
ABDULLAH ANSARI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court refused to quash the charge‑sheet and the proceedings, directing the applicants to surrender and apply for bail.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 9 February 2025, the cognizance and summoning order dated 18 September 2025, and the entire criminal proceedings in Criminal Case No. 45720 of 2025 arising from a crime under sections 191(2), 190, 115(2), 351(3), 352 and 333 of the CrPC. The High Court examined the record and found no ground for interference or for setting aside the charge‑sheet and the proceedings. Consequently, the Court refused the prayer for quashing. However, it directed the applicants to surrender within 15 days and apply for bail, noting that no coercive action should be taken against them during that period, and that any bail application should be decided expeditiously in line with Satender Kumar Antil v. CBI (2021 (10) SCC 773).
Issues considered
- Whether the charge‑sheet and the criminal proceedings can be quashed under Section 528 of the CrPC.
- Whether a stay of coercive action is warranted pending the applicants’ surrender and bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 115(2), 190, 191(2), 333, 351(3), 352, 528
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- bail
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18607 of 2026
Abdullah Ansari And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Bali Ram
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter has been taken up in the mentioned category.
Heard learned counsel for the applicants and learned AGA for the
State.
2. The instant application has been preferred for seeking quashing
of charge-sheet dated 09.02.2025, cognizance/summoning order
dated 18.09.2025 and the entire proceeding of Criminal Case
No.45720 of 2025 (State Vs. Abdulla and Others), u/s 191(2),
190, 115(2), 351(3), 352, 333 BNS arising out of Case Crime
No.148 of 2024, P.S. Jangipur, District- Ghazipur, pending in the
court of learned Judicial Magistrate-02, Ghazipur.
3. On perusal of entire record appended with the instant
application, 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 charge-sheet, cognizance/summoning order and entire
criminal 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 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. 18607 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. C.B.I. and Another, reported in 2021 (10) SCC 773.
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 6, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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