Allahabad High Court
DAALCHANDversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that no sufficient ground existed to quash the chargesheet and the summoning order, and therefore dismissed the application.
Summary
The applicant, Daalchand, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a chargesheet dated 20‑07‑2013 and the cognizance/summoning order dated 19‑02‑2014 in Crime No. 666 of 2013, which alleged offences under Sections 406 and 504 of the Indian Penal Code. The High Court examined the FIR, the impugned order and the chargesheet and concluded that the case did not present any ground warranting interference under Section 528. Consequently, the court refused the prayer to set aside the chargesheet and the summoning order. The court, however, allowed the applicant liberty to appear before the trial court as per the summoning order, with no objection from the respondent’s counsel. It further directed that no coercive action be taken against the applicant for a period of three weeks from the date of the order, after which the applicant must appear before the trial court.
Issues considered
- Whether the applicant has sufficient grounds under Section 528 CrPC to quash the chargesheet and the cognizance/summoning order in Crime No. 666 of 2013.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 406, 504
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- Indian Penal Code
- Section 406 IPC
- Section 504 IPC
- criminal procedure
- summoning order
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36436 of 2026
Daalchand
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Gautam
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of
chargesheet dated 20.07.2013 along with cognizance/summoning order
dated 19.02.2014 passed in Case Crime No.666 of 2013, under Sections
406, 504 IPC, P.S. Kotwali Shahar, District Bijnor, pending in the court
of learned Additional Chief Judicial Magistrate, Bijnor.
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 appear before learned court concerned in
pursuance of impugned summoning order 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 applicant to appear before learned court concerned
in pursuance of summoning order within a period of three weeks from
today.
NA528 No. 36436 of 2026
2
7. However, it is made clear that till three weeks from today, no coercive
action shall be taken against applicant 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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