Allahabad High Court

YASHRAJ VERMAversusSTATE OF U.P. AND ANOTHER

Decided: 7 September 2026
Bench: SAURABH SRIVASTAVA

Holding

The court held that the application under Section 528 CrPC is not maintainable and the chargesheet and proceedings cannot be set aside.

Summary

The applicant, Yashraj Verma, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 04‑12‑2025, the cognizance order dated 12‑02‑2026 and the entire proceedings of State v Yashraj Verma (Case No. 8859 of 2026). The applicant alleged that the investigating officer had been tortured and kept in illegal custody for four days, which allegedly compelled a false statement and the filing of the chargesheet. The High Court, after hearing counsel and considering a prior order directing the investigating officer to assist the AGA, examined the counter‑affidavit and the FIR but found no ground for judicial interference under Section 528. Consequently, the court refused the prayer to quash the chargesheet and directed that no coercive action be taken for three weeks, allowing the applicant to surrender and apply for bail, which the AGA did not oppose. The application was therefore dismissed.

Issues considered

Whether an application under Section 528 CrPC for quashing the chargesheet and proceedings is maintainable in the present facts.
Whether alleged torture of the investigating officer and a forced statement constitute sufficient ground to set aside the chargesheet.
Whether the court should intervene to stay or cancel the cognizance and summoning order.
Whether the applicant may be permitted to surrender and seek bail pending trial.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 105, 125, 281, 324

Subjects

Section 528 CrPC
quash of criminal proceedings
chargesheet
investigating officer
illegal custody
bail
coercive action
high court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24740 of 2026

Yashraj Verma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Saurabh Kumar Pandey, Vaiski Nath
Mishra
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 04.12.2025 along with cognizance/summoning order
dated 12.02.2026 and entire proceeding of Case No.8859 of 2026 (State Vs.
Yashraj Verma), arising out of Case Crime No.98 of 2025, under Sections
281, 125(a), 125(b), 324(4), 105 BNS, P.S. Gwaltoli, District Kanpur Nagar,
pending before learned court concerned.

3. On previous occasion, this Court passed the following order:-

"1. Sri Bhaiyalal who is the owner of vehicle in question submitted before this Court
today that due to torture of concerned Investigating Officer in shape of keeping him in
illegal custody for four days which compelled him to make wrong statement and on
that basis, chargesheet was submitted against applicant.

2. Sri Satyendra Kumar Tripathi, Sub-Inspector who was Investigating Officer in Case
Crime No.98 of 2025 is present in person before this Court in compliance with the
order dated 10.08.2026.

3. In view of the statements so made by Sri Bhaiyalal, Sri Satyendra Kumar Tripathi,
S.I. is hereby directed to assist learned AGA with facts supported on the strict
materials available.

4. Learned AGA is hereby requested to prefer detail reply whatsoever intended at the
behest of said S.I. by 31.08.2026.

5. Put up this case on 31.08.2026 as fresh, till then, no coercive action shall be
NA528 No. 24740 of 2026
2

initiated against applicant in pursuance of the said case.

6. It is also made clear that Sri Satyendra Kumar Tripathi, S.I. shall remain present
before this Court on the next date fixed."

4. In compliance with the said order, learned AGA preferred counter
affidavit today in the Court which is taken on record.

5. On perusal of the averments made in the said counter affidavit, 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.

6. Accordingly, the prayer sought through the instant application, is refused.

7. 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.

8. 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 decided
expeditiously in accordance with law laid.

9. 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.

10. Sri Satyendra Kumar Tripathi, S.I. is present in person before this Court,
his personal appearance is exempted.

September 8, 2026
Vivek Kr.
(Saurabh Srivastava,J.)

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

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