Allahabad High Court
DURGA PRASAD AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there are no sufficient grounds to interfere with the chargesheet or the proceedings, and dismissed the application to quash.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the chargesheet dated 20‑09‑2025, the cognizance and summoning order dated 10‑03‑2026, and the entire proceedings of case No. 1145 of 2026 arising from FIR under IPC sections 333, 110, 115(2), 352 and 351(3). 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 the order. The court, however, directed that the applicants may surrender within 15 days and apply for bail, with the bail application to be decided expeditiously in line with Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825). Until the surrender, the court ordered that no coercive action be taken against the applicants.
Issues considered
- Whether the High Court can quash the chargesheet and cognizance order under Section 528 CrPC.
- Whether there exist sufficient grounds for interference with the magistrate's proceedings.
- Whether the applicants may be directed to surrender and subsequently apply for bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115, 333, 351, 352
Subjects
- Section 528 CrPC
- Bail
- Quash of chargesheet
- Criminal Procedure
- High Court
- Surrender
- Coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37490 of 2026
Durga Prasad And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Siddharth Saran
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. Present application has been preferred with the prayer to quash the
chargesheet dated 20.9.2025 and cognizance/summoning order dated
10.3.2026 as well as entire proceedings of Case no. 1145 of 2026 (State of
U.P. vs. Durga Prasad and others) arising out of Case Crime no. 224 of
2025, under Sections 333, 110, 115(2), 352, 351(3) BNS, P.S.- Lalganj,
District Basti, pending in the court of learned Chief Judicial Magistrate,
Basti.
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, chargesheet and entire
proceeding, can be set aside.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Lastly, learned counsel for applicants has submitted that liberty may be
granted to applicants 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 applicants surrender
before the court concerned within a period of 15 days from today and apply
NA528 No. 37490 of 2026
2
for bail and if there is no other legal impediment before court concerned,
their bail application shall be considered and 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 15 days from today, no coercive action
shall be taken against applicants herein in pursuance of aforesaid case.
(Saurabh Srivastava,J.)
September 9, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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