Allahabad High Court
KHANJHATI AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court dismissed the application and refused to quash the chargesheet and cognizance order.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the chargesheet dated 24‑09‑2025, the cognizance and summoning order dated 08‑01‑2026, and the entire proceedings in Case No. 32 of 2026 (State of U.P. v. Khanjhati & others). The court examined the FIR, the impugned order and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the prayer to quash the chargesheet and order was refused. The court, however, directed that the applicants may surrender within 15 days and apply for bail, and that no coercive action be taken against them during that period. The bail application, if filed, should be decided expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI (2022).
Issues considered
- Whether an application under Section 528 CrPC for quashing a chargesheet and cognizance order is maintainable in the present facts.
- Whether the High Court can set aside the chargesheet and the entire proceeding in the criminal case.
- Whether the applicants are entitled to surrender and obtain bail pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 115(2), 3(5), 528
- Indian Penal Code — s. 110, 117(2), 351(2), 352
Subjects
- Section 528 CrPC
- quash of chargesheet
- cognizance order
- bail
- surrender
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 31961 of 2026
Khanjhati And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jai Raj, Shivam Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Ms. Bharti Singh, learned counsel for applicants and learned AGA
for State.
2. Present application has been preferred with the prayer to quash the
chargesheet dated 24.9.2025 and cognizance/summoning order dated
8.1.2026 as well as entire proceedings of Case no. 32 of 2026 (State of U.P.
vs. Khanjhati and others) arising out of Case Crime no. 144 of 2025, under
Sections 3(5), 115(2), 352, 351(2), 110, 117(2) BNS, P.S.- Kacchwan,
District Mirzapur.
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, chargesheet and entire
proceeding, 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 surrender
before the court concerned within a period of 15 days from today and apply
NA528 No. 31961 of 2026
2
for bail and if there is no other legal impediment before court concerned,
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 15 days from today, no coercive action
shall be taken against applicants herein in pursuance of aforesaid case.
(Saurabh Srivastava,J.)
September 8, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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