Allahabad High Court
CHANDRAPAL AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no sufficient grounds to interfere with the charge‑sheet or the proceedings, and therefore dismissed the application for quashing.
Summary
The applicants, Chandrapal and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 12‑07‑2025, the cognizance and summoning order dated 20‑12‑2025, and the entire criminal proceedings in Criminal Case No. 25924 of 2025 arising from alleged offences under Sections 318(4), 352 and 351(2) of the IPC. The High Court examined the record and found no ground on which interference with the charge‑sheet or the proceedings could be justified. Accordingly, the prayer for quashing was refused. The Court, however, directed that the applicants may surrender within fifteen days and apply for bail, and that no coercive action be taken against them during that period, relying on the precedent of Satender Kumar Antil v. CBI. Any bail application filed within the stipulated period must be decided expeditiously.
Issues considered
- Whether the High Court can quash the charge‑sheet, cognizance order and the entire criminal proceedings under Section 528 CrPC.
- Whether the applicants are entitled to any relief, such as direction to surrender and bail, pending the disposal of the criminal case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 318(4), 351(2), 352, 528
Subjects
- Section 528 CrPC
- quashing of criminal proceedings
- charge‑sheet
- cognizance order
- bail
- coercive action
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18620 of 2026
Chandrapal And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Tripathi
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 12.07.2025, cognizance/summoning order
dated 20.12.2025 and the entire proceeding of Criminal Case
No.25924 of 2025, under sections 318(4), 352, 351(2) BNS,
arising out of Case Crime No.172 of 2025, P.S. Sadar Bazar,
District- Mathura, pending in the court of learned ACJM, Room
No.01, Mathura.
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. 18620 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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