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Allahabad High Court

SATISH KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that the application under Section 528 CrPC seeking quashing of the chargesheet and proceedings was not maintainable as no ground for interference existed.

Summary

Satish Kumar filed an application under Section 528 of the CrPC seeking to quash the chargesheet dated 26‑06‑2021, the cognizance order dated 28‑07‑2021, and the entire proceedings in Criminal Case No.1765 of 2021 (State v. Yogesh & others) arising from a Section 406 IPC offence. The High Court examined the FIR, the impugned order and the chargesheet and found no ground for interference under Section 528. Accordingly, the court held that the application was not maintainable and refused the prayer for quashing. The court directed the applicant to appear before the concerned court within three weeks, noting a bailable warrant had been issued but no coercive action would be taken during that period. The application was disposed of.

Issues considered

  • Whether an application under Section 528 CrPC for quashing a chargesheet and cognizance order is maintainable in the present facts
  • Whether any ground exists for the High Court to interfere with the proceedings of Criminal Case No.1765 of 2021

Legislation cited

Subjects

  • Section 528 CrPC
  • quash
  • chargesheet
  • cognizance order
  • criminal procedure
  • bailable warrant
  • application dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 528 BNSS No. - 27865 of 2026

                                    Satish Kumar
                                                                                                    .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)            :   Nikhil Kumar Yadav, Vagish Yadav
                                    Counsel for Opposite Party(s)       :   G.A.

                                    Court No. - 79
                                                     HON'BLE SAURABH SRIVASTAVA, J.

                                    1. Although learned AGA is present, no one appeared on behalf of applicant
                                    even in the revised call.

                                    2. This present application has been filed for seeking quashing of
                                    chargesheet dated 26.06.2021 along with cognizance/summoning order
                                    dated 28.07.2021 and entire proceeding of Criminal Case No.1765 of 2021
                                    (State Vs. Yogesh and others), arising out of Case Crime No.504 of 2020,
                                    under Section 406 IPC, P.S. Badalpur, District Gautam Budh Nagar, pending
                                    in the court of learned Civil Judge (J.D.)/F.T.C.-Ist, Gautam Budh Nagar.

                                    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. Applicant is hereby directed to appear before learned court concerned
                                    within three weeks from today in pursuance of bailable warrant issued
                                    against him on dated 03.09.2024. However, it is made clear that till three
                                    weeks from today, no coercive action shall be taken against the applicant
                                    herein in the present case.

                                    6. With the aforesaid direction, the instant application is disposed of.

                                    September 23, 2026
                                    Vivek Kr.
                                                                                          (Saurabh Srivastava,J.)




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

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