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Allahabad High Court

KHEMAKARAN KUMAR @ NIKTEN AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

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

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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