Allahabad High Court
SUBHASHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that there are no grounds to quash the chargesheet or set aside the proceedings, and therefore dismissed the application.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 20‑12‑2025, the cognizance and summoning order dated 06‑04‑2026, and the entire proceedings in State v. Subhash (Case No. 3154 of 2026). The High Court examined the FIR, the impugned order and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the chargesheet and dismissed the application. The court, however, directed that the applicant may surrender within three weeks and apply for bail, and that no coercive action be taken against him during that period, citing the Supreme Court decision in Satender Kumar Antil v. CBI. The bail application, if filed, is to be decided expeditiously.
Issues considered
- Whether the High Court can quash the chargesheet and cognizance order under Section 528 CrPC.
- Whether any ground exists for interference with the criminal proceedings in State v. Subhash.
- Whether the applicant may be directed to surrender and apply for bail pending the disposal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 106(1), 281, 528
Subjects
- Section 528 CrPC
- quashing of chargesheet
- bail
- criminal procedure
- High Court
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36441 of 2026
Subhash
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar Shukla, Lok Nath Shukla
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 20.12.2025 along with cognizance/summoning order
dated 06.04.2026 and entire proceeding of Case No.3154 of 2026 (State
Vs. Subhash), arising out of Case Crime No.1174 of 2025, under Sections
281, 106(1) BNS, P.S. Robertsganj, District Sonbhadra, pending in the
court of learned Chief Judicial Magistrate, Sonbhadra.
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 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 applicant has submitted that liberty may be
granted to applicant 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 applicant
surrenders before the court concerned within a period of three weeks from
today and applies for bail, his bail application shall be considered and
NA528 No. 36441 of 2026
2
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 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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