Allahabad High Court
BHAGIRATH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there is no ground to quash the charge‑sheet and the criminal proceedings, and therefore dismissed the application.
Summary
The petitioners Bhagirath and three others filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 10‑05‑2026, the cognizance and summoning order dated 22‑07‑2026, and the entire criminal proceedings in Case No. 2137 of 2026 arising from FIR charges under IPC sections 115(2), 117(2), 126(2), 324(4), 351(3) and 352. The High Court examined the FIR and the impugned documents and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the charge‑sheet and dismissed the application. However, the court directed that the applicants may surrender within three weeks and apply for bail, and that no coercive action be taken against them during that period, with bail applications to be decided expeditiously as per the precedent of Satender Kumar Antil v. CBI.
Issues considered
- Whether the High Court can quash the charge‑sheet and criminal proceedings under Section 528 CrPC in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 117(2), 126(2), 324(4), 351(3), 352
Subjects
- Section 528 CrPC
- quash of FIR
- charge-sheet
- bail
- high court
- criminal procedure
- interference
- coercive action
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35979 of 2026
Bhagirath And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aftab Alam
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 10.05.2026, cognizance/summoning order dated 22.07.2026
and the entire proceeding of Case No.2137 of 2026, (State Vs. Bhagirath
and others), arising out of Case Crime No.58 of 2026, under sections
115(2), 117(2), 126(2), 324 (4), 351(3), 352 BNS, P.S. Banpur, District
Lalitpur, pending in the court of learned Judicial Magistrate/ Civil Judge
(Junior Division), Mehrauni.
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
NA528 No. 35979 of 2026
2
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.
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 29, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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