Allahabad High Court
SANJAY SHARMA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application for quashing the chargesheet and proceedings is dismissed as there is no ground for interference.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 25‑12‑2024, the cognizance and summoning order dated 05‑07‑2025, and the entire proceedings of Criminal Case No. 15665 of 2025 (State vs. Sanjay Sharma and others). The court examined the FIR, the impugned order and the chargesheet, including the injury report, and found no ground for interference or for setting aside the proceedings. Consequently, the application for quashing was refused. The court, however, directed that the applicants may surrender within three weeks and apply for bail, with the bail application to be decided expeditiously, citing Satender Kumar Antil v. CBI (2022). It also ordered that no coercive action be taken against the applicants during the three‑week period, without prejudice to any other legal remedies.
Issues considered
- Whether the chargesheet, cognizance order and the entire criminal proceedings can be quashed under Section 528 CrPC.
- Whether the High Court can restrain coercive action against the accused pending surrender.
- Whether the direction to surrender and apply for bail is appropriate in the circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 118(1), 333
Subjects
- Section 528 CrPC
- quashing of chargesheet
- bail
- criminal procedure
- High Court
- surrender
- coercive action
- IPC sections 333, 115(2), 118(1)
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 22671 of 2026
Sanjay Sharma And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Satyanand Tripathi
Counsel for Opposite Party(s) : Anil Kumar, G.A., Mohd. Rashid
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and Mr. Mohd. Rashid, learned
counsel for opposite party no.2 as well as learned AGA appearing for the
State.
2. This application has been filed for seeking quashing of chargesheet
dated 25.12.2024 along with cognizance/summoning order dated
05.07.2025 and entire proceeding of Criminal Case No.15665 of 2025
(State Vs. Sanjay Sharma and others), arising out of Case Crime No.391
of 2024, under Sections 333, 115(2), 118(1) BNS, P.S. Kotwali, District
Budaun, pending before learned court concerned.
3. On perusal of the narration of FIR as well as impugned order and
chargesheet along with injury report, 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. 22671 of 2026
2
surrender before the court concerned within a period of three 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 three weeks from today, no coercive
action shall be taken against applicants herein in pursuance of aforesaid
case. It is also made clear that this order shall not preclude the applicants
from availing the remedies which are available to them as per law.
(Saurabh Srivastava,J.)
September 8, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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