Allahabad High Court
OM PRAKASH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no sufficient grounds to interfere, and dismissed the application for quashing.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 19‑08‑2023, the cognizance and summoning order dated 24‑11‑2023, and the entire criminal proceedings in Criminal Case No. 4729 of 2023 (State v. Sushil Kumar and others) relating to offences under Sections 323 and 506 of the IPC. The High Court examined the record and found no ground for interference under Section 528. Consequently, the court refused the prayer to set aside the charge‑sheet, cognizance order, or the proceedings. The court, however, granted the applicants liberty to appear before the trial court within three weeks and to pursue any remedy available under law. The application was therefore dismissed with liberty to the applicants.
Issues considered
- Whether the High Court can quash the charge‑sheet, cognizance order and the entire criminal proceedings under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 506
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- charge sheet
- cognizance order
- Indian Penal Code
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 31937 of 2026
Om Prakash And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul Kumar Shahi, Raj Kamal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicants and learned AGA for the
State.
2. The instant application has been preferred for seeking quashing of
the charge-sheet dated 19.08.2023, cognizance/summoning order
dated 24.11.2023 as well as the entire proceedings of Criminal Case
No.4729 of 2023 (State Vs. Sushil Kumar and others) arising out of
Case Crime No.307 of 2023, under Sections 323 and 506 IPC, P.S.
Crossing Republic, District Ghaziabad, pending in the court of
learned Additional Chief Judicial Magistrate, Court No.2, Ghaziabad.
3. On perusal of entire record appended along with 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 as well as entire criminal
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 submitted that liberty may be
granted to applicants to put their appearance before learned court
concerned and avail whatever remedy available to them as per law,
to which learned AGA has no objection.
6. In view of the aforesaid, the instant application is finally disposed
NA528 No. 31937 of 2026
2
of with liberty to the applicants to put their appearance before learned
court concerned within three weeks and avail whatever remedy
available to them as per law.
September 8, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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