Allahabad High Court
MUSHAHID JAMAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is not maintainable and the charge‑sheet and proceedings are not quashed.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 08‑09‑2025, the cognizance and summoning orders, and the entire criminal proceedings in Case No. 09 of 2026 arising from FIR Crime No. 332 of 2025. The High Court examined the FIR, the impugned orders and the charge‑sheet and found no ground for interference under Section 528. Consequently, the court refused to set aside the charge‑sheet or the proceedings. The court, however, directed that the applicants may surrender within three weeks and apply for bail, which will be considered expeditiously, and ordered that no coercive action be taken against them during that period. The application was therefore dismissed.
Issues considered
- Whether the High Court can quash the charge‑sheet and criminal proceedings under Section 528 CrPC in the present facts.
- Whether any ground exists for interference with the cognizance and summoning orders dated 01‑01‑2026 and 27‑02‑2026.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 316(2), 351(2), 352
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- charge‑sheet
- bail
- coercive action
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35746 of 2026
Mushahid Jamal And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghvendra Kumar Mishra
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 08.09.2025, cognizance/summoning order dated 01.01.2026 and
27.02.2026 and the entire proceeding of Case No.09 of 2026 (State Vs.
Mushahid Jamal and others), arising out of Case Crime No.332 of 2025,
under Sections 316(2), 115(2), 351(2), 352 BNS, P.s. Rasoolpur, District
Firozabad, pending in the court of learned Chief Judicial Magistrate,
Firozabad.
3. On perusal of the narration of FIR as well as impugned 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 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 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 three weeks from today and
apply for bail, their 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.
NA528 No. 35746 of 2026
2
7. However, it is made clear that till three weeks from today, no coercive
action shall be taken against applicants herein in pursuance of aforesaid case.
September 21, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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