Allahabad High Court
AMAN VERMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no sufficient grounds to quash the chargesheet and cognizance order, and therefore refused the application.
Summary
The applicant, Aman Verma, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 25-06-2019, the cognizance and summoning order dated 06-07-2019, and the non‑bailable warrant dated 06-02-2023 in a case registered as Crime No. 478 of 2018 under IPC Sections 392 and 411. The High Court examined the FIR, the impugned orders and the chargesheet and found no ground for interference or for setting aside the orders. Consequently, the court refused the prayer to quash the chargesheet and related orders. The court, however, allowed the applicant liberty to surrender within four weeks and apply for bail, directing that no coercive action be taken against him during that period and that he not be required to furnish fresh bail bonds. The application was therefore disposed of with the above directions.
Issues considered
- Whether the High Court can quash the chargesheet and cognizance order under Section 528 CrPC in the present circumstances.
- Whether there exist sufficient grounds for interference with the chargesheet, cognizance order and non‑bailable warrant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 392, 411
Subjects
- Section 528 CrPC
- quash of chargesheet
- IPC 392
- IPC 411
- non‑bailable warrant
- bail application
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36411 of 2026
Aman Verma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Eishan Mehta
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. This present application has been filed for seeking quashing of
chargesheet dated 25.06.2019 along with cognizance/summoning order
dated 06.07.2019 as well as N.B.W. dated 06.02.2023 and subsequent
renewal thereof passed in S.S.T No.519 of 2019 (State Vs. Akash and
others), arising out of Case Crime No.478 of 2018, under Sections 392,
411 IPC, P.S. Dauki, District Agra, pending in the court of learned
Additional Sessions Judge/Special Judge (SC/ST Act), Court No.3, Agra.
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, 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 in pursuance of non bailable warrant issued against applicant 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 four weeks from
NA528 No. 36411 of 2026
2
today and applies for bail in pursuance of NBW order dated 06.02.2023,
the same shall be considered and decided expeditiously in accordance
with settled law.
7. However, it is made clear that till four weeks from today, no coercive
action shall be taken against the applicant herein in the present case and
also, he will not be compelled to produce fresh bail bonds and sureties in
pursuance of non-bailable warrant since earlier he was on bail.
(Saurabh Srivastava,J.)
September 9, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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