Allahabad High Court
ASHA AND 9 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that no ground exists to quash the chargesheet or the proceedings, and therefore dismissed the application.
Summary
The applicants, Asha and nine others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 27‑01‑2026, the cognizance and summoning order dated 01‑04‑2026, and the entire proceedings of Case No. 201 of 2026. The High Court examined the FIR, the impugned orders, the chargesheet and the injury report and found no ground for interference under Section 528. Consequently, the court refused the prayer to set aside the chargesheet and the proceedings. The court, however, permitted the applicants to surrender before the trial court within three weeks and to apply for bail, directing that the bail application be decided expeditiously in line with Satender Kumar Antil v. CBI. It also ordered that no coercive action be taken against the applicants during the three‑week period.
Issues considered
- Whether the chargesheet, cognizance order and the entire proceedings can be quashed under Section 528 of the Criminal Procedure Code.
- Whether any ground exists for the High Court to interfere with the lower court's proceedings in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- bail
- High Court
- criminal procedure
- application dismissal
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36405 of 2026
Asha And 9 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rohit Kumar Pandey, Sunil Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA appearing for
the State.
2. This application has been filed for seeking quashing of chargesheet
dated 27.01.2026 along with cognizance/summoning order dated
01.04.2026 and entire proceeding of Case No.201 of 2026 (State Vs. Asha
and others), arising out of Case Crime No.11 of 2026, under Sections
191(2), 115(2), 352, 351(2), 117(2) BNS, P.S. Kerakat, District Jaunpur,
pending before learned court concerned.
3. On perusal of the narration of FIR as well as impugned order and
chargesheet along with injury report, 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 applicants has 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
NA528 No. 36405 of 2026
2
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. 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 applicants herein in pursuance of aforesaid
case.
(Saurabh Srivastava,J.)
September 9, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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