Allahabad High Court
DEEPU NISHADversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there are no grounds to quash the charge‑sheet or set aside the criminal proceedings.
Summary
The applicant, Deepu Nishad, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 14‑07‑2025 and the cognizance order dated 23‑09‑2025 in Criminal Case No.11192 of 2025. The High Court examined the FIR, charge‑sheet and the orders and found no material to justify interference or to set aside the proceedings. Consequently, the court refused the prayer for quashing. However, the court directed that if the applicant surrenders within three weeks, his bail application shall be entertained expeditiously, citing the precedent of Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether the charge‑sheet and cognizance order can be quashed under Section 528 CrPC.
- Whether there exist sufficient grounds for the High Court to interfere with the criminal proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 CrPC
- quashing of FIR
- charge‑sheet
- bail
- criminal procedure
- High Court
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35936 of 2026
Deepu Nishad
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed for seeking quashing of charge-
sheet dated 14.07.2025 along with cognizance/summoning order dated
23.09.2025 and the entire proceeding of Criminal Case No.11192 of 2025
(State Vs. Deepu Nishad) arising out of Case Crime No.153 of 2025,
under sections 74, 333 BNS, P.S. Kishanpur, District Fatehpur, pending in
the court of learned Civil Judge (Junior Division)/FTC/ (CAW),
Fatehpur.
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 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 disposed of
NA528 No. 35936 of 2026
2
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 29, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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