Allahabad High Court
SOMPALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no sufficient grounds to interfere, and therefore refused to quash the charge‑sheet and the proceedings.
Summary
The applicant, Sompal, filed an application under Section 528 of the Criminal Procedure Code seeking the quashing of the charge‑sheet dated 23‑03‑2026, the cognizance order dated 13‑05‑2026, and the entire criminal proceedings (Criminal Case No.6210 of 2026) arising from an FIR that alleged offences under Sections 281, 125, 105 and 324(4) of the BNS Act. The High Court examined the FIR, the impugned order and the charge‑sheet 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 charge‑sheet and the proceedings. However, the court directed that if the applicant surrenders within three weeks and applies for bail, his bail application should be considered expeditiously, and no coercive action should be taken against him during that period.
Issues considered
- Whether the High Court can quash the charge‑sheet and the criminal proceedings under Section 528 of the Criminal Procedure Code.
- Whether the applicant has demonstrated any sufficient ground for interference with the cognizance and charge‑sheet.
Legislation cited
- BNS — s. 105, 125, 281, 324(4)
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- charge‑sheet
- bail
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36933 of 2026
Sompal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Tripathi-I
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed for seeking quashing of charge-
sheet dated 23.03.2026 along with cognizance/summoning order dated
13.05.2026 and the entire proceeding of Criminal Case No.6210 of 2026,
Computer No.8106 of 2026, arising out of Case Crime No.637 of 2025,
under Sections 281, 125, 105, 324(4) of BNS, P.S. Garhmukteshwar,
District- Hapur, pending in the court of learned Chief Judicial Magistrate,
District Hapur.
3. On perusal of the narration of FIR as well as impugned order and
charge-sheet, 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
charge-sheet and entire criminal 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 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
NA528 No. 36933 of 2026
2
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 apply for bail, his bail application shall be considered and
decided expeditiously in accordance with law .
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.
September 11, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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