Allahabad High Court
LALCHANDRA YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court refused to quash the charge sheet, cognizance order and the criminal proceedings.
Summary
The applicant, Lalchandra Yadav, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the entire criminal proceedings (Case No. 19599 of 2026) arising from Crime No. 225 of 2025, including the charge sheet dated 23‑11‑2025 and the cognizance/summoning order dated 13‑04‑2026. The High Court examined the record and found no ground for interference or for setting aside the charge sheet, cognizance order, or the proceedings. Accordingly, the court refused the prayer to quash the case. The court, however, directed that if the applicant surrenders within three weeks and files a bail application, the bail petition shall be considered expeditiously, relying on Satender Kumar Antil v. CBI. It also ordered that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether the High Court can quash the charge sheet, cognizance order and the entire criminal proceedings under Section 528 CrPC.
- Whether the applicant is entitled to liberty to surrender and apply for bail pending the disposal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- bail
- surrender
- High Court
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 25422 of 2026
Lalchandra Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Harendra Prasad Yadav
Counsel for Opposite Party(s) : G.A., Subhash Chandra
Yadav
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up in the date fixed category.
2. Heard learned counsel for the applicant, learned AGA for State
and Sri Shatrughn Yadav, Advocate holding brief of Sri Subhash
Chandra Yadav, learned counsel for opposite party no.2.
3. The instant application has been preferred for seeking quashing
of the entire proceedings of Case no.19599 of 2026 (State Vs.
Lalchandra Yadav) arising out Case Crime No.225 of 2025,
under Section 105 BNS, Police Station- Tahbarpur, District-
Azamgarh, pending before learned court of Chief Judicial
Magistrate, Azamgarh, including charge sheet dated 23.11.2025
and cognizance/ summoning order dated 13.04.2026.
4. 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.
5. Accordingly, the prayer sought through the instant application,
is refused.
6. Lastly, learned counsel for applicant submitted that liberty may
NA528 No. 25422 of 2026
2
be granted to applicant to surrender before the court concerned
and apply for bail to which learned AGA and learned counsel for
opposite party no.2 have no objection.
7. 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 apply for bail, his 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.
8. 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.
September 21, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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