Allahabad High Court
RAM SINGHversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed; the charge‑sheet and the criminal proceedings are not quashed.
Summary
Ram Singh filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 12‑09‑2013, the cognizance order of 05‑05‑2015 and the non‑bailable warrant of 14‑07‑2026, along with the entire criminal proceedings (Criminal Case No.1539 of 2016) instituted under Sections 279 and 304A IPC. The High Court examined the FIR and the impugned orders and found no material ground to interfere with the prosecution. 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, the bail application shall be considered expeditiously, citing Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether the High Court can quash the charge‑sheet and the criminal proceedings under Section 528 CrPC.
- Whether there exist sufficient grounds for interference with the cognizance and non‑bailable warrant orders.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 279, 304
Subjects
- quash
- Section 528 CrPC
- charge‑sheet
- bail
- non‑bailable warrant
- IPC 279
- IPC 304A
- High Court
- surrender
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37129 of 2026
Ram Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Singh, Swatantra Singh
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 12.09.2013 along with cognizance/summoning order dated
05.05.2015 and N.B.W. order dated 14.07.2026 and the entire proceeding
of Criminal Case No.1539 of 2016, (State Vs. Ram Singh) arising out of
Case Crime No.385 of 2013, under Sections 279 and 304 A IPC, P.S.
Pawara, District Jaunpur, pending in the court of learned Judicial
Magistrate/C.A.W (Crime Against Woman) Jaunpur.
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. 37129 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 laid down in the case of
Satender Kumar Antil Vs. C.B.I. and Another, reported in 2021 (10)
SCC 773.
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 21, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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