Allahabad High Court
ANIL KUMAR AND ANOTHERversusSTATE OF U.P THROUGH SECRETARY(HOME) U.P., LUCKNOW AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there is no ground to interfere with the cognizance order, charge‑sheet or the criminal proceedings, and dismissed the application.
Summary
The petitioners, Anil Kumar and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 25‑04‑2025, the cognizance and summoning order dated 13‑08‑2025, and the non‑bailable warrant dated 03‑07‑2026 issued by the Special Chief Judicial Magistrate, Agra in a criminal case under IPC sections 115(2), 333, 324 and 351(2). The High Court examined the FIR, the cognizance order and the charge‑sheet and found no merit or statutory ground to interfere with the proceedings. Consequently, the court refused the prayer to set aside the charge‑sheet and the proceedings. The court, however, allowed the petitioners liberty to surrender before the concerned court within three weeks, with a stay on any coercive action during that period, after which the proceedings may continue as per law.
Issues considered
- Whether the High Court can quash the cognizance order, charge‑sheet and non‑bailable warrant under Section 528 CrPC.
- Whether any statutory ground exists for interference with the criminal proceedings.
- Whether liberty to surrender can be granted pending the disposal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 324, 333, 351(2)
Subjects
- Section 528 CrPC
- quash petition
- charge sheet
- non‑bailable warrant
- criminal procedure
- surrender
- cognizance order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33096 of 2026
Anil Kumar And Another
.....Applicant(s)
Versus
State Of U.P Through Secretary(Home) U.P.,
Lucknow And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Vikash Krishnamurti
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned A.G.A. appearing for
the State.
2. The present application has been filed for seeking quashing of charge-
sheet dated 25.04.2025, cognizance/summoning order dated 13.08.2025
as well as NBW dated 03.07.2026 passed by Special Chief Judicial
Magistrate, Agra against applicant No.1 in Case No.15735 of 2025 (State
Vs. Anil and others), arising out of Crime No.12 of 2025, under Sections
115(2), 333, 324, 351(2) BNS, P.S. Shahganj, District Agra, pending
before Special Chief Judicial Magistrate, Agra.
3. On perusal of the narration of FIR as well as impugned cognizance
order and charge-sheet, 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
cognizance order along with charge-sheet and 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 surrender before the court concerned in pursuance
to non-bailable warrant dated 03.07.2026 issued against them to which
learned AGA has no objection.
NA528 No. 33096 of 2026
2
6. In view of the aforesaid, the instant application is finally disposed of
with a direction to the applicants to appear before learned court concerned
in pursuance to non-bailable warrant order dated 03.07.2026 within three
weeks from today. Till three weeks from today, no coercive action shall
be initiated against the applicants. After the expiry of aforesaid period of
three weeks, learned concerned court is directed to proceed 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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