Allahabad High Court
SHIV SHANKAR JAISWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed as no ground exists to quash the FIR, chargesheet or the proceedings.
Summary
The applicant, Shiv Shankar Jaiswal, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 07.01.2025, the cognizance and summoning order dated 11.02.2025, and the entire proceedings of Criminal Case No.2958 of 2025 relating to FIRs under Sections 419, 420 and 201 IPC. The High Court examined the FIR, the impugned order and the chargesheet and found no sufficient ground to interfere or set aside the proceedings. Consequently, the court refused the prayer for quashing. The court, however, allowed the applicant liberty to surrender within three weeks and apply for bail, directing that the bail application be decided expeditiously, citing the Supreme Court decision in Satender Kumar Antil v. CBI. It also directed that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether the applicant has sufficient grounds under Section 528 CrPC to quash the FIR, chargesheet and the proceedings in Criminal Case No.2958 of 2025.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 201, 419, 420
Subjects
- Section 528 CrPC
- quash FIR
- chargesheet
- bail
- criminal procedure
- non‑coercive action
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36206 of 2026
Shiv Shankar Jaiswal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Prakash Srivastava
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 07.01.2025 along with cognizance/summoning order
dated 11.02.2025 and entire proceeding of Criminal Case No.2958 of
2025 (State Vs. Shiv Shankar Jaiswal), arising out of Case Crime No.160
of 2024, under Sections 419, 420, 201 IPC, P.S. Bansi, District Siddharth
Nagar, pending in the court of learned Chief Judicial Magistrate,
Siddharth Nagar.
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
surrenders before the court concerned within a period of three weeks from
NA528 No. 36206 of 2026
2
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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