Allahabad High Court
RABIYAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that there were no sufficient grounds to quash the chargesheet or the cognizance order, and dismissed the application.
Summary
The applicant Rabiya filed a Section 528 CrPC application seeking to quash the chargesheet dated 16‑03‑2026, the cognizance and summoning order dated 27‑05‑2026, and the entire proceedings in case 33831 of 2026 arising from an FIR under IPC sections 406, 504, 419 and 120B. The High Court examined the FIR, the impugned orders and the chargesheet and found no infirmity or violation of law that would justify interference. Consequently, the Court held that the application did not disclose any ground for setting aside the chargesheet or the cognizance order. The Court therefore refused the prayer to quash and dismissed the application. However, the Court directed that the applicant may surrender within three weeks and apply for bail, which shall be decided expeditiously in line with Satender Kumar Antil v. CBI (2022). 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 chargesheet and cognizance order under Section 528 of the Criminal Procedure Code.
- Whether the FIR and chargesheet disclose any ground for interference by the Court.
- Whether the applicant is entitled to bail upon surrender.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 120B, 406, 419, 504
Subjects
- Section 528 CrPC
- quash of chargesheet
- cognizance order
- bail
- High Court intervention
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32200 of 2026
Rabiya
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mazhar Ullah
Counsel for Opposite Party(s) : Ajai Kumar, G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Mazhar Ullah, learned counsel for applicant, Sri Ajai Kumar,
learned counsel for opposite party no. 2 and learned AGA for State.
2. Present application has been preferred with the prayer to quash the
chargesheet dated 16.3.2026 and cognizance/summoning order dated
27.5.2026 as well as entire proceedings of Case no. 33831 of 2026 (State of
U.P. vs. Siraz @ Shaharaj and others) arising out of Case Crime no. 544 of
2024, under Sections 406, 504, 419, 120B IPC, P.S.- Civil Lines, District
Moradabad.
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 applicant 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 applicant surrender before
the court concerned within a period of three weeks from today and apply for
NA528 No. 32200 of 2026
2
bail, his 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 three weeks from today, no coercive
action shall be taken against applicant 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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