Allahabad High Court
PAWAN GUPTA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that the application under Section 528 CrPC is not maintainable and therefore refused to quash the chargesheet and the proceedings.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 2 September 2018, the cognizance and summoning order dated 23 March 2019, and the entire proceedings in Case No. 1679 of 2019 (State of U.P. vs. Pawan Gupta & others) arising from FIR under IPC Sections 147 and 341. The High Court examined the FIR, the impugned orders 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 proceedings. The court, however, directed that the applicants may surrender within four weeks and apply for bail, which would be considered expeditiously in line with the Supreme Court decision in Satender Kumar Antil v. CBI. Until surrender, no coercive action shall be taken against the applicants.
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 entire proceedings in the criminal case.
- Whether the applicants are entitled to bail upon surrender after the refusal of the quash application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 341
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- cognizance order
- bail
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37955 of 2026
Pawan Gupta And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Swapnil Sinha
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 2.9.2018 and cognizance/summoning order dated
23.3.2019 as well as entire proceedings of Case no. 1679 of 2019 (State of
U.P. vs. Pawan Gupta and others) arising out of Case Crime no. 495 of 2018,
under Sections 147, 341 IPC, P.S.- Noida Sector-49, District Gautam Buddh
Nagar.
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 four weeks from today and
apply for bail and if there is no other legal impediment before court
NA528 No. 37955 of 2026
2
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 four weeks from today, no coercive
action shall be taken against applicants herein in pursuance of aforesaid case.
(Saurabh Srivastava,J.)
September 17, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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