Allahabad High Court
KHEMAKARAN KUMAR @ NIKTEN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed as there is no ground for interference with the chargesheet and proceedings.
Summary
The applicants, Khemakaran Kumar alias Niketan and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 23‑02‑2026, the cognizance and summoning order dated 21‑04‑2026, and the entire proceedings of Case No. 13397 of 2026 relating to offences under Sections 110, 115(2), 352 and 351(2) of the IPC. The High Court examined the FIR, the impugned orders and the injury report and found no merit to set aside the proceedings. Consequently, the court refused the prayer for quashing. The court, however, directed that the applicants may surrender within three weeks and apply for bail, which shall be considered expeditiously, citing 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 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115(2), 351(2), 352
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- bail
- criminal procedure
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36425 of 2026
Khemakaran Kumar @ Nikten And Another
.....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 23.02.2026 along with cognizance/summoning order dated
21.04.2026 and entire proceeding of Case No.13397 of 2026 (State Vs.
Khemkaran alias Niketan and others), arising out of Case Crime No.49 of
2026, under Sections 110, 115(2), 352, 351(2) BNS, P.S. Shikohabad,
District Firozabad, pending in the court of learned Additional Chief
Judicial Magistrate, Firozabad.
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
NA528 No. 36425 of 2026
2
with a direction to the court concerned that in case, the applicants
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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