Allahabad High Court
RAKESH KUMAR AND ANOTHERversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed; the chargesheet and cognizance order are not quashed.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 21‑06‑2025 and the cognizance order dated 13‑01‑2026 in a criminal case involving offences under Sections 117(2), 115(2), 352, 351(2) and 333 of the IPC. The High Court examined the FIR, the chargesheet and the impugned order and found no merit to interfere, noting that the application did not disclose any ground for setting aside the proceedings. Consequently, the court refused the prayer to quash the chargesheet and dismissed the application. The court, however, allowed the applicants to surrender before the trial court within three weeks and to apply for bail, directing that any bail application be decided expeditiously in line with Satender Kumar Antil v. CBI (2022). It also directed that no coercive action be taken against the applicants during the three‑week period.
Issues considered
- Whether the application under Section 528 CrPC for quashing the chargesheet and cognizance order is maintainable.
- Whether there exist sufficient grounds to set aside the chargesheet and the cognizance/summoning order.
- Whether the court can direct surrender and grant interim relief for bail pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 117(2), 333, 351(2), 352
Subjects
- Section 528 CrPC
- quash of chargesheet
- criminal procedure
- bail
- interim relief
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37574 of 2026
Rakesh Kumar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar Gautam, Yogesh
Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA appearing for
the State.
2. This application has been filed for seeking quashing of chargesheet
dated 21.06.2025 along with cognizance/summoning order dated
13.01.2026 passed in Case No.38 of 2026 (State Vs. Rakesh Kumar and
another), arising out of Case Crime No.81 of 2025, under Sections 117(2),
115(2), 352, 351(2), 333 BNS, P.S. Holagarh, District Prayagraj, pending
in the court of learned Judicial Magistrate-III, Allahabad.
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 along with
chargesheet, 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 three weeks from
NA528 No. 37574 of 2026
2
today and apply for bail, 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 three weeks from today, no coercive
action shall be taken against applicants herein in pursuance of aforesaid
case.
(Saurabh Srivastava,J.)
September 9, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
Checking your session…