Allahabad High Court
RAM PRAKASHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no grounds to interfere with the proceedings and therefore refused to quash the case.
Summary
Ram Prakash filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 7910 of 2026) arising from Crime No. 52 of 2025 pending before the Additional Chief Judicial Magistrate, Agra, and also requested liberty to surrender and obtain bail. The High Court examined the record and found no ground for interference or for setting aside the summoning order and the proceedings. Consequently, the court refused the prayer to quash the case. However, the court directed that if the applicant surrenders within three weeks, his bail application should be considered expeditiously, and no coercive action should be taken against him during that period. The direction referenced the principles laid down in Satender Kumar Antil v. CBI (2021) SCC 773.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 CrPC on the facts presented.
- Whether there are sufficient grounds to interfere with the summoning order and the pending criminal case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 110, 115(2), 191(2), 191(3), 351(3), 352, 528
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- bail
- surrender
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37300 of 2026
Ram Prakash
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicant, this matter is
being taken up out of turn considering the urgency.
2. Heard learned counsel for the applicant and learned AGA for
the State.
3. The instant application has been preferred for seeking quashing
of the entire proceedings of Case no.7910 of 2026, arising out
Case Crime No.52 of 2025, under Sections 191(2), 191(3),
115(2), 351(3), 352, 110 BNS, Police Station- Nibohara, District-
Agra, pending in the court of learned Additional Chief Judicial
Magistrate, Court No.3, Agra, including summoning order dated
27.05.2026.
4. On perusal of entire record appended with the instant
application, 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 summoning order and entire criminal proceedings of
the said case, can be set aside.
5. Accordingly, the prayer sought through the instant application,
is refused.
6. Lastly, learned counsel for applicant submitted that liberty may
be granted to applicant to surrender before the court concerned
NA528 No. 37300 of 2026
2
and apply for bail to which learned AGA has no objection.
7. 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 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.
8. 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 8, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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