Allahabad High Court
SHASHI RAM @ SHASHIKANT @ SHASHI KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that the application under Section 528 CrPC is not maintainable and therefore refused the prayer to quash the chargesheet and related orders.
Summary
The applicant, Shashi Ram, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 17-06-2019, the cognizance and summoning order dated 09-02-2021, the non-bailable warrant dated 04-04-2024, and the process under Section 82 CrPC dated 10-06-2026, along with the entire proceedings of Criminal Case No.586 of 2021. The High Court examined the FIR, the impugned orders and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the chargesheet and related orders. However, the court permitted the applicant to surrender within three weeks and to apply for bail, directing that no coercive action be taken against him during that period. The bail application, if filed, must be decided expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI.
Issues considered
- What is the appropriate scope of a Section 528 CrPC application for quashing a chargesheet and related orders?
- Whether the facts disclosed in the FIR and the subsequent orders provide sufficient ground for the High Court to interfere and set aside the proceedings?
- Whether the court can conditionally allow surrender and bail while refusing the quash petition
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528, 82
- Indian Penal Code — s. 147, 308, 323, 336, 427, 504
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- bail
- surrender
- Criminal Procedure Code
- Indian Penal Code
- interim relief
- non-bailable warrant
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36025 of 2026
Shashi Ram @ Shashikant @ Shashi Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajanish Bharati, Sunil Kumar-I
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of
chargesheet dated 17.06.2019 along with cognizance/summoning order
dated 09.02.2021, NBW order dated 04.04.2024 as well as process of
Section 82 Cr.P.C. dated 10.06.2026 and entire proceeding of Criminal
Case No.586 of 2021 (State Vs. Sushil Ram and others), arising out of
Case Crime No.45 of 2019, under Sections 147, 323, 504, 427, 336, 308
IPC, P.S. Sukhpura, District Ballia, pending in the court of learned
Additional Chief Judicial Magistrate-I, Ballia.
3. On perusal of the narration of FIR as well as impugned order and
chargesheet, 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
chargesheet and entire 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 has 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
with a direction to the court concerned that in case, the applicant
NA528 No. 36025 of 2026
2
surrenders before the court concerned within a period of three weeks from
today and applies 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. Central Bureau of Investigation and
another (2022 SCC OnLine SC 825).
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.
(Saurabh Srivastava,J.)
September 29, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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