Allahabad High Court
GOPAL SRIVASTAVA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there was no ground to set aside the chargesheet, cognizance order or the proceedings, and therefore dismissed the application.
Summary
The applicants, Gopal Srivastava and two others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 11 Oct 2025 and the cognizance‑summoning order dated 21 May 2026 in a case registered under several IPC provisions (191(2), 352, 333, 115(2), 110, 351(3) and 76). The High Court examined the FIR, the impugned order and the chargesheet and concluded that none of the grounds for interference under Section 528 were made out. Consequently, the court refused the prayer to set aside the chargesheet and the proceedings. The court, however, directed that the applicants may surrender within 15 days and apply for bail, and ordered that no coercive action be taken against them during that period, citing the Supreme Court decision in Satender Kumar Antil v. CBI.
Issues considered
- Whether the chargesheet and the cognizance‑summoning order can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115, 191, 333, 351, 352, 76
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- cognizance order
- bail
- criminal procedure
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38039 of 2026
Gopal Srivastava And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kanhaiya Lal Tiwari
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 11.10.2025 and cognizance/summoning order dated
21.5.2026 passed by learned Judicial Magistrate-FTC (Crime Against
Women), Basti as well as entire proceedings of Case no. 435 of 2026 (State
of U.P. vs. Gopal Srivastava and others) arising out of Case Crime no. 189
of 2025, under Sections 191(2), 352, 333, 115(2), 110, 351(3) BNS against
applicant nos. 1 and 2 and section 191(2), 352, 333, 115(2), 110, 76, 351(3)
BNS against applicant no. 3, P.S.- Munderwa, District 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
NA528 No. 38039 of 2026
2
before the court concerned within a period of 15 days from today and apply
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 17, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
Checking your session…