Allahabad High Court
RANI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed; the impugned order is not quashed.
Summary
Rani and another filed an application under Section 528 of the Criminal Procedure Code seeking to quash an order dated 23 July 2026 passed by the Additional District and Session Judge in a session case involving offences under Sections 105 and 352 of the IPC. The High Court examined the record and found no sufficient ground to interfere with the impugned order, consequently refusing the prayer for quash. The Court, however, permitted the applicants to surrender before the concerned court within three weeks and to apply for bail, directing that no coercive action be taken against them during that period. The bail application, if filed, must be decided expeditiously as per law. The application was therefore dismissed with the above directions.
Issues considered
- Whether the order of the Additional District and Session Judge can be set aside under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 105, 352
Subjects
- Section 528
- quash order
- bail
- coercive action
- Criminal Procedure Code
- Indian Penal Code
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37462 of 2026
Rani And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Sahu
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up in the date fixed category. Heard
learned counsel for applicants and learned AGA for State.
2. The instant application has been preferred for seeking quashing
of impugned order dated 23.07.2026 passed by learned
Additional District and Session Judge, Court No.1, Kanpur Dehat
in Session Case No.1036 of 2025 (State vs. Indial) arising out of
Case Crime No.33 of 2025, under sections 105, 352 BNS, P.S.
Mangalpur, District- Kanpur Dehat.
3. 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 order, can be set aside.
4. Accordingly, the prayer sought through the instant application,
is refused.
5. Lastly, learned counsel for applicants submitted that liberty
may be granted to applicants to surrender before the court
concerned in pursuance to impugned order dated 23.07.2026 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,
NA528 No. 37462 of 2026
2
the applicants surrender before the court concerned within a
period of three weeks from today and apply for bail, their bail
application shall be considered and decided expeditiously in
accordance with law. Till three weeks from today, no coercive
action shall be taken against applicants herein in pursuance of
aforesaid case.
September 30, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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