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Allahabad High Court

NARESH SONIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that there were no grounds to quash the chargesheet or the proceedings, and thus dismissed the application.

Summary

The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 19-04-2024, the cognizance and summoning order dated 06-07-2024, and the entire proceedings of Case No. 680 of 2024 (State vs. Naresh Soni). The Court examined the FIR, the impugned order and the chargesheet and found no ground for interference. Consequently, the Court refused the prayer to set aside the chargesheet and the proceedings. The Court, however, directed that the applicants may surrender within two weeks and apply for bail, which shall be considered expeditiously, and ordered that no coercive action be taken against them during that period. The application was therefore dismissed with the above directions.

Issues considered

  • Whether the High Court can quash the chargesheet and cognizance order under Section 528 CrPC.
  • Whether there exist sufficient grounds for interference with the criminal proceedings of Case No. 680 of 2024.

Legislation cited

Subjects

  • quash
  • chargesheet
  • Section 528 CrPC
  • bail
  • coercive action
  • IPC offences
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 18741 of 2026

Naresh Soni
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Anuj    Kumar          Yadav,        Rajveer
                                Chaurasiya
Counsel for Opposite Party(s) : G.A.

Court No. - 77
                  HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant and learned AGA appearing for the
State.

2. This application has been filed for seeking quashing of chargesheet
dated 19.04.2024 along with cognizance/summoning order dated
06.07.2024 and entire proceeding of Case No.680 of 2024 (State Vs.
Naresh Soni and others) arising out of Case Crime No.106 of 2024, under
Sections 147, 457, 323, 354B IPC, Police Station Rath, District Hamirpur.



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.

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
                                                                                        NA528 No. 18741 of 2026
                                                                  2


                                    surrender before the court concerned within a period of two weeks 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 two weeks from today, no coercive
                                    action shall be taken against applicants herein in pursuance of aforesaid
                                    case.

                                    May 6, 2026
                                    Ashish/-

                                                                                     (Saurabh Srivastava,J.)




Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad


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