Allahabad High Court
AMIT KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application for quashing the criminal proceedings under Section 528 CrPC is dismissed as no ground for interference exists.
Summary
The applicants, Amit Kumar and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the entire criminal proceedings (Case No.1111 of 2026) pending before the Chief Judicial Magistrate, Etah, which involved offences under Sections 323, 324, 504 and 506 of the IPC. The High Court examined the record and found no ground for interference with the cognizance or summoning order of the lower court. Consequently, the court refused the prayer to quash the proceedings. However, the court directed that if the applicants surrender within three weeks and apply for bail, their bail applications will be considered expeditiously, citing Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicants during the three‑week period.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 CrPC on the facts presented.
- Whether any ground exists for interference with the cognizance and summoning order of the lower court.
- Whether the applicants may be directed to surrender and apply for bail pending the outcome of the criminal case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 324, 504, 506
Subjects
- quashing of criminal proceedings
- Section 528 CrPC
- bail
- coercive action
- IPC offences
- High Court intervention
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37776 of 2026
Amit Kumar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jai Kishan, Vipin Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicants, this matter is
being taken up out of turn considering the urgency.
2. Heard learned counsel for the applicants and learned AGA for
the State.
3. The instant application has been preferred for seeking quashing
of the entire proceeding of Case No.1111 of 2026 (State vs. Amit
Kumar and Another) under sections 323, 504, 506, 324 IPC,
arising out of Case Crime No.295 of 2023, P.S. Kotwali Dehat,
District- Etah, pending in the court of learned Chief Judicial
Magistrate, Etah, including summoning order dated 10.02.2026.
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 cognizance/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 applicants submitted that liberty
may be granted to applicants to surrender before the court
concerned and apply for bail to which learned AGA has no
NA528 No. 37776 of 2026
2
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 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 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 applicants herein in
pursuance of aforesaid case.
September 16, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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