Allahabad High Court
SHYAM PRAKASH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground to quash the chargesheet and the proceedings, and therefore dismissed the application.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 17-11-2024, the cognizance and summoning order dated 16-10-2025, and the entire proceedings in Case No. 14265 of 2025 relating to offences under Sections 127(2), 115(2), 352 and 351(2) of the IPC. The High Court examined the FIR, the impugned orders and the injury report and concluded that none of the grounds for interference under Section 528 were made out. Consequently, the court refused the prayer to set aside the chargesheet and the proceedings. However, the court allowed the applicants to surrender within three weeks and apply for bail, directing that no coercive action be taken against them 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
- Whether the chargesheet, cognizance order and the entire proceedings can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 127(2), 351(2), 352
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- bail
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36421 of 2026
Shyam Prakash And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Nirbhay Singh
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 17.11.2024 along with cognizance/summoning order dated
16.10.2025 and entire proceeding of Case No.14265 of 2025 (State Vs.
Shyam Prakash and others), arising out of Case Crime No.316 of 2024,
under Sections 127(2), 115(2), 352, 351(2) BNS, P.S. Ganjdundwara,
District Kasganj, pending in the court of learned Chief Judicial
Magistrate, Kasganj.
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. 36421 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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