Allahabad High Court
AJAY KUMAR SHUKLAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application for quashing the charge‑sheet and proceedings is dismissed; the charge‑sheet and cognizance order stand.
Summary
Ajay Kumar Shukla filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 10‑Nov‑2025, the cognizance and summoning order dated 20‑Jan‑2026, and the entire criminal proceedings in State v. Ajay Kumar Shukla (Case No. 2186 of 2026). The High Court examined the record and found no ground for interference with the charge‑sheet or the proceedings. Consequently, the court refused the prayer for quashing. However, the court directed that if the applicant surrenders within three weeks and applies for bail, his bail application shall be considered expeditiously, citing Satender Kumar Antil v. CBI (2021 SCC 773). The court 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 charge‑sheet and cognizance order under Section 528 CrPC.
- Whether there are sufficient grounds for interference with the criminal proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 316(2), 318(4), 351(3), 352
Subjects
- quash
- Section 528 CrPC
- charge-sheet
- cognizance
- bail
- high court
- criminal procedure
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33136 of 2026
Ajay Kumar Shukla
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned AGA for
the State.
2. The instant application has been preferred for seeking quashing
of charge-sheet dated 10.11.2025, cognizance/summoning order
dated 20.01.2026 and the entire proceeding of Case No.2186 of
2026 (State Vs. Ajay Kumar Shukla), arising out of Case Crime
No.414 of 2025, under sections 316(2), 318(4), 351(3), 352
BNS, P.S. Malpura, District- Agra, pending in the court of
learned Additional Chief Judicial Magistrate, Agra.
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 applicant 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
NA528 No. 33136 of 2026
2
disposed of with a direction to the court concerned that in case,
the applicant surrenders before the court concerned within a
period of three weeks from today and apply for bail, his bail
application shall be considered and decided expeditiously in
accordance with law laid down in the case of Satender Kumar
Antil Vs. C.B.I. and Another, reported in 2021 (10) SCC 773.
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.
September 8, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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