Allahabad High Court
RAM UJAGIR DUBEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no sufficient grounds to quash the chargesheet or the proceedings, and therefore dismissed the application.
Summary
The applicant, Ram Ujagir Dubey, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 27‑03‑2025, the cognizance order dated 28‑05‑2025, and the entire proceedings of case No.17441 of 2025 relating to offences under Sections 420, 471, 419 and 465 IPC. The High Court examined the FIR, the impugned orders and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the Court refused the prayer to quash the chargesheet and dismissed the application. The Court, however, allowed the applicant to surrender within three weeks and to apply for bail, noting that no coercive action would be taken during that period. The bail application, if filed, must be decided expeditiously in line with the precedent set in Satender Kumar Antil v. CBI (2022).
Issues considered
- Whether the High Court can quash the chargesheet and cognizance order under Section 528 CrPC in the present circumstances
- Whether the applicant is entitled to any relief pending surrender and bail application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 419, 420, 465, 471
Subjects
- quash criminal proceedings
- Section 528 CrPC
- chargesheet
- bail
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 22595 of 2026
Ram Ujagir Dubey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Surya Nath Bhatt
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of
chargesheet dated 27.03.2025 along with cognizance/summoning order
dated 28.05.2025 and entire proceeding of Case No.17441 of 2025 (State
Vs. Ram Ujagir Dubey), arising out of Case Crime No.235 of 2024, under
Sections 420, 471, 419, 465 IPC, P.S. Bhadohi, District Bhadohi, pending
before learned Chief Judicial Magistrate, Bhadohi, Gyanpur.
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 applicant has submitted that liberty may be
granted to applicant 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 applicant
surrenders before the court concerned within a period of three weeks from
today and applies for bail, his bail application shall be considered and
NA528 No. 22595 of 2026
2
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 three weeks from today, no coercive
action shall be taken against applicant herein in pursuance of aforesaid
case.
(Saurabh Srivastava,J.)
September 21, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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